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Bombay High CourtABA/493/2017allowed

Manmohan S/O. Ramesh Sharma And Others v. The State Of Maharashtra Thr. Police Station Officer Wadi, Nagpur

2017-07-12Hon'Ble Shri Justice Z.A. Haq3 pages

1 ABA493.17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (ABA) NO.493/2017 Manmohan S/o Ramesh Sharma and others ..Vs..

The State of Maharashtra, through P.S.O., Wadi, Nagpur - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri Junaid Ahmad, Adv. for the applicant.

Shri T.A. Mirza, A.P.P. for the respondent / State. CORAM : Z.A.HAQ, J.

DATE : 12.7.2017.

After arguing for sometime, the learned Advocate for the applicant No.3 - Kallu Khan S/o Jarman Khan states that the application on behalf of the applicant No.3 is not pressed.

The application of applicant No.3 - Kallu Khan S/o Jarman Khan is dismissed as withdrawn. The applicant Nos.1 and 2, apprehending arrest in connection with crime registered against them and two others for the offence punishable under Section 384 read with Section 34 of the Indian Penal Code, seek pre-arrest bail.

According to the investigating agency, the accused illegally seized the vehicle of the complainant and forcibly took an amount of Rs.10,000/- from him. According to the applicants, their

2 ABA493.17 associate - Kallu Khan S/o Jarman Khan is authorized by M/s. Cholamandalam Investment and Finance Company Limited to recover the amount of loan / E.M.I. from the defaulters and the applicants have not indulged in any illegal activity.

The application is opposed on the ground that during investigation it revealed that Kallu Khan S/o Jarman Khan, with whom the finance company entered into an agreement of providing services, was not authorized to collect any amount from any of customers of finance company. It is submitted by the learned A.P.P. that investigation is in progress and custodial interrogation of the applicants is necessary to unearth the truth.

The applicant Nos.1 and 2, aged about 26 years and 27 years, have stated that they are not involved in any other crime / offence.

Considering the facts of the case and nature of accusations against the applicants, following order is passed:

In the event of arrest in connection with Crime No.176/2017 registered by the non-applicant, the applicant No.1 - Manmohan S/o Ramesh Sharma and applicant No.2 - Mohammad Imran Khan S/o Sheikh Yusuf Khan be released on bail on furnishing P.R. bond for Rs.25,000/- (Rs. Twenty Five Thousand) each and furnishing one solvent surety in the like amount. The applicant Nos.1 and 2 shall attend the police station Wadi, Nagpur on 15th, 18th and 22nd July,

3 ABA493.17 2017 between 10 a.m. to 1 p.m.

The application of applicant Nos.1 and 2 is allowed in the above terms.

JUDGE Tambaskar.