Bombay High CourtBA/499/2017allowed

Anil S/O. Buddhuji Deshmukh (In Jail) v. State Of Maharashtra Thr. Police Station Officer Police Station Nagpur Dist. Nagpur

2017-06-09Hon'Ble Shri Justice Z.A. Haq2 pages

1 ba499.17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRI. APPLICATION (BA) NO. 499 OF 2017 (ANIL BUDDUJI DESHMUKH...VS.. STATE OF MAH. THR. P.S.O. NAGPUR) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri S.P.Bhandarkar, Advocate for Applicant.

Shri M.J.Khan, A.P.P. for Non-applicant.

CORAM : Z.A.HAQ, J.

DATED : JUNE 09, 2017.

Heard.

The applicant is arrested on 4th May, 2017 in crime registered against him and two others for the offences punishable under Sections 406, 465, 467, 468, 420 read with Section 34 of the Indian Penal Code and Section 31 of the Money Lending Act. According to the Investigating Agency Sk. Ashfaque Sk. Abdul Sattar had fraudulently got executed sale-deed of the property in question and then the applicant has purchased it from Sk. Ashfaque Sk. Abdul Sattar. According to the Investigating Agency the transaction between Sk. Ashfaque Sk. Abdul Sattar and the original owner of the land was a money lending transaction. The applicant has placed on record the report of Co-ordinator, District Mediation Centre, Nagpur dated 8th May, 2017 (page No.44 of the paper book) which shows that in Pre-litigation Mediation Case No.260 of 2017 the matter is settled.

2 ba499.17 Be that as it may, considering the facts of the case, nature of the accusations and as the non-applicant has not been able to point out that custody of the applicant is required for further investigation (as nothing is reflected from the reply filed by the non-applicant before the Sessions Court, a copy of which is placed on record along with this application) I am of the view that the applicant is entitled to be released on bail.

Hence, the following order:

The applicant, having been arrested in Crime No. 114 of 2017, registered by the non-applicant, he be released on bail on furnishing P.R. Bond in the sum of Rs.Twenty Five Thousand with one solvent surety in the like amount. The application is allowed in the above terms. JUDGE RRaut..