Bombay High CourtAPPP/241/2016other disposed off

Rajendra Kamalkishore Jaiswal v. State Of Maharashtra, Through P.S.O. P.S. Ralegaon, Yavatmal

2016-03-01Hon'Ble Shri Justice Z.A. Haq3 pages

1 appp254.16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION (APPP) NO.254/2016 Rajendra Kamalkishor Jaiswal ..Versus..

State of Maharashtra, through its P.S.O., P.S. Ralegaon, Distt. Yavatmal Applicant : Arun Ramdasji Ghanmode - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ------------- - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri G.G. Mishra, Adv. for the applicant/intervenor. CORAM : Z.A. HAQ, J.

DATE : 1.3.2016 For the reasons stated in the application, the complainant is permitted to assist the prosecution. The application is allowed.

CRIMINAL APPLICATION (ABA) NO.56/2016 Heard Shri S. Zoting, advocate for the applicant and Shri A.K. Bangadkar, A.P.P. for the non-applicant. The applicant is seeking pre-arrest bail apprehending arrest in crime registered against him under Section 420 read with 34 of the Indian Penal Code.

The accusations against the applicant are that he has misrepresented himself to be the owner of property and has

2 appp254.16 thereby induced the complainant to part with an amount of Rs.17,55,000/- by entering into an agreement to purchase the property of which he is not owner.

The learned advocate for the applicant has pointed out that the property in question is owned by Infratech Real Estate Private Limited Company and the present applicant was allottee of the property and then he has given up his interest in favour of the complainant. It is submitted that the Infratech Real Estate Private Limited Company has issued an allotment letter in favour of the complainant.

The facts on the record show that the dispute is of civil nature. The applicant has stated that he is not involved in any crime earlier and this is not controverted by the non-applicant. Considering the nature of allegations, it cannot be said that the custody of applicant is required by the non-applicant for further investigation. Hence, the following order:

(i) In the event of arrest of applicant in Crime No.155/2015 registered by the non-applicant, the applicant shall be released on bail on furnishing P.R. bond in the sum of Rs.20,000/- (Rs. Twenty Thousand Only) and one solvent

3 appp254.16 surety in the like amount.

(ii) The application is allowed in the above terms. CRIMINAL APPLICATION (APPP) NO.241/2016 In view of disposal of Criminal Application (ABA) No.56/2016 this application does not survive and is disposed accordingly.

JUDGE Tambaskar.