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Bombay High CourtABA/120/2022allowed

Nilay Ashok Gadekar v. State Of Mha. Thr. Pso Ps Sadar Nagpur

2022-03-10Hon'Ble Shri Justice Anil S. Kilor2 pages

12-aba-120-22.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR Anticipatory Bail Application No. 120 of 2022 Nilay Ashok Gadekar

Versus

State of Maharashtra, through Police Station Officer, Police Station Sadar, Nagpur Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Shri C.B.Barve, Advocate for the applicant.

Shri S.D.Sirpurkar, APP for the non-applicant. CORAM : ANIL S. KILOR, J.

DATED : 10th MARCH, 2022.

On the allegation that, on the basis of forged and bogus document, the main accused i.e. accused no.1 succeeded in obtaining the loan from the complainant Finance Company and the applicant has facilitated him in obtaining such loan, Crime No. 184 of 2021 was registered with Sadar Police Station, Nagpur City against one Ganesh Marotrao Sawarkar for the offence punishable under Sections, 420, 465, 468, 471 of the Indian Penal Code, and subsequently, the name of the applicant was added.

2.

On perusal of the case diary, a limited role is attributed to the applicant that he facilitated the accused SKNair

12-aba-120-22.odt no.1 in obtaining the loan on the basis of forged documents. There is nothing prima facie to show that the applicant help the accused no.1 knowing that the accused no.1 wants to cheat the complainant Finance Company for obtaining loan. Thus, in absence of any incriminating material available against the applicant, I am of the opinion that the applicant is entitled for grant of pre-arrest bail. Accordingly, I pass the following order.

ORDER

i.

The application is allowed ii.

In the event of arrest of applicant in Crime No. 184 of 2021 was registered with Sadar Police Station, Nagpur City against one Ganesh Marotrao Sawarkar for the offence punishable under Sections, 420, 465, 468, 471 of the Indian Penal Code, the applicant be released on bail on furnishing P.R. Bond of Rs.15,000/- (Rs. Fifteen Thousand only) with a solvent surety of like amount;

iii.

The applicant shall attend the concern Police Station on every Friday and Saturday between 10.00 am to 12.00 noon for three weeks and thereafter, as and when his presence is required.

iv.

The application is disposed of.

by SACHINDANAND K NAIR Date: 2022.03.10 17:59:04 +0530 [ANIL S. KILOR, J.] SACHINDANAND K NAIR SKNair