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Bombay High CourtABA/666/2021allowed

Narendra S/O Wasudeo Pundkar v. The State Of Maharashtra, Thr. Pso, Police Station Gadgenagar, Amravati

2021-10-28Hon'Ble Shri Justice Vinay Joshi2 pages

1 31 aba 666.2021.2021

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (ABA) NO.666 OF 2021 Narendra s/o Wasudeo Pundkar ..vs..

State of Maharashtra, thr.P.S.O.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court'

s or Judge'

s orders appearances, Court'

s orders of directions and Registrar'

s orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri A.K. Madane, Advocate for applicant.

Shri I.J. Damle, A.P.P. for non-applicant/State. CORAM : VINAY JOSHI, J.

DATED : 28/10/2021 Heard.

2.

The informant - Avinash Rokde alleges that co-accused Chandrakala Khardekar alias Puri has assured him to give job and for that purpose took total amount of Rs.16 lakhs. It is alleges that applicant Narendra Pundkar also assisted the informant and participated in the crime, hence the report.

3.

Learned Counsel for the applicant would submit that the material allegations are against the coaccused Chandrakala Khardekar alias Puri with whom the applicant has no concern. He would submit that the applicant has not received any amount nor anything was transferred in his bank account. Moreover, he would submit that the report was filed under misconception.

4.

Today, informant - Avinash Rokde has

2 31 aba 666.2021.2021 appeared in the Court personally and filed sworn notarized affidavit, contending that he has no grievance against the applicant. He stated that due to misconception, he has filed the report against the applicant. He made categorical statement that he has not paid any amount to the applicant.

5.

Be that as it may, prima facie it appears that the main allegations are against the co-accused Chandrakala Khardekar alias Puri. In view of that, applicants' liberty can be protected by imposing certain conditions, hence the following order : (a) The Criminal application stands allowed.

(b) Ad-interim order dated 05.10.2021 is hereby made absolute upon same terms and conditions.

(c) Henceforth the applicant shall attend concerned Police Station, till filing of the charge-sheet.

JUDGE Trupti