Rochi W/O Lawrence Elenjikal And Others v. State Of Maharashtra, Through Pso Jaripatka, Nagpur

1 aba91.16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, AT NAGPUR.

CRIMINAL APPLICATION (ABA) NO.91 OF 2016 (Rochi w/o Lawrence Elenjikal and others ..vs.. State of Maharashtra, through PSO, PS Jaripatka, Nagpur) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - CORAM : Z.A. HAQ, J.

DATED : 04-03-2016 Heard Shri H.G. Katekar, Advocate for the applicants and Shri A.K. Bangadkar, Additional Public Prosecutor for the non-applicant.

2.

The applicants are seeking pre-arrest bail apprehending arrest in crime registered against them for offence punishable under Section 420 read with Section 34 of the Indian Penal Code.

3.

The accusations against the applicants are that they have duped the complainant and have taken money from her assuring that they will ensure the allotment of quarter of Nagpur Improvement Trust. The nonapplicant has placed on the record the chart showing the details of the other crimes registered against the applicants.

4.

Shri H.G. Katekar, learned Advocate has pointed out additional affidavit filed on behalf of the applicants

2 aba91.16 and the documents filed alongwith the additional affidavit and has submitted that the complainant is close friend of Alice Nova who is on enemical terms with the applicants. The learned Advocate has pointed out from the documents filed alongwith additional affidavit the involvement of Alice Nova in filing of complaint against the applicants, through the complainant-Shweta Sachdeo. Shri S.G. Katekar, learned Advocate has pointed out that three crimes are registered against Alice Nova on the complaint of the applicants.

5.

Considering the nature of allegations and the facts on the record, I am convinced that the ad-interim order granted by this Court on 12-02-2016 is required to be confirmed.

6.

Hence, the following order :

i) In the event of arrest in Crime No.835/2015 registered by the non-applicant, the applicants shall be released on bail, on furnishing P.R. Bond of Rs.10,000/- each and one solvent surety in the like amount for each of the applicant.

ii) The application is allowed accordingly.

Criminal Application (APPP) No.190/2016 In view of disposal of the main application, the application praying for dispensing with the copies of order dated 09-02-2016 and say filed by the A.P.P. has

3 aba91.16 become infrucutuous. It is disposed accordingly. JUDGE pma