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Bombay High CourtABA/380/2025allowed

Shivkumar Shririm Agrawal v. The State Of Maharashtra, Thr. Pso, Ps, Shegaon Gramin, Tq. Shegaon, Dist. Buldhana

2025-07-01Hon'Ble Justice Urmila Joshi Phalke3 pages

2025:BHC-NAG:6188

(1) 947.aba.380.2025

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (ABA) NO. 380 OF 2025 Shivkumar Shriram Agrawal Vs.

State of Maharashtra, through Police Station Officer, Police Station Shegaon Gramin, District Buldhana -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Mr. J. B. Gandhi, Counsel for the applicant.

Mr. N. R. Rode, APP for non-applicant/State.

CORAM : URMILA JOSHI-PHALKE, J.

DATED : 01/07/2025 1.

Apprehending the arrest at the hands of police in connection with Crime No.129/2017 registered with Police Station Shegaon Gramin, District Buldhana for the offence punishable under Section 39 of the The Maharashtra Money-Lending (Regulation) Act, 2014, the applicant approached this Court for grant of pre-arrest bail.

2.

The allegation against the present applicant is that he has committed the offence by lending the money without any licence and thereby contraband the provision. On the basis of the said report, police have registered the crime.

3.

Heard learned Counsel for the applicant, who submitted that the transaction is of the year

(2) 947.aba.380.2025 2005. The applicant was shifted from Akola to Jaipur and therefore, he could not appear before the Investigating Officer. Now he is ready to cooperate with the investigating agency.

4.

Learned APP strongly opposed the same, on the ground that his custodial interrogation is required.

5.

On hearing both sides and on perusal of the investigation papers, it reveals that the allegation is to the extent of doing the money lending business without licence. The custodial interrogation of the present applicant is not required. The investigation is already completed. In view of that the application deserves to be allowed. Accordingly, I proceed to pass following order:

ORDER

(i) The application is allowed.

(ii) In the event of arrest, in connection with Crime No.129/2017 registered with Police Station Shegaon Gramin, District Buldhana for the offence punishable under Section 39 of the Maharashtra Money-Lending (Regulation) Act, 2014, the applicant Shivkumar Shriram Agrawal shall be released on anticipatory bail, on executing PR Bond in the sum of Rs.25,000/- with one solvent surety in the like amount.

(iii) The applicant shall attend the concerned Police Station as and when required for the investigation purpose on issuance of the notice in advance of seven days.

(3) 947.aba.380.2025 (iv) The applicant shall not induce, threat or promise any witnesses who are acquainted with the facts of the case.

The application is disposed of.

(URMILA JOSHI-PHALKE, J.) Sarkate