Shri. Yogesh S/O. Prabhakar Panjabi And Another v. State Of Maharashtra Thr. Pso, Ps Wani Dist. Yavatmal

1 aba516.17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRI. APPLICATION (ABA) NO. 516 OF 2017 (YOGESH PRABHAKAR PANJABI & ANR....VS.. STATE OF MAH.THR.P.S.O. WANI, DIST. YAVATMAL) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri P.D.Randive, Advocate for Applicants.

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

CORAM : Z.A.HAQ, J.

DATED : AUGUST 01, 2017.

Apprehending arrest in connection with Crime No.788 of 2017 registered against the applicants for the offence punishable under Sections 420, 471, 468 and 34 of the Indian Penal Code, the applicants (husband and wife) seek pre-arrest bail.

The crime is registered on the complaint lodged by Sanjay Marotrao Dahekar that he has purchased Flat No.101 by registered sale-deed from the applicants, who have undertaken construction of the building, however, subsequent to the registration of the sale-deed it is found that "No Dues Certificate" alleged to have been issued by the Credit Cooperative Society is forged and fabricated. Similar complaints are filed against the applicants and Crime No. 363 of 2017 and Crime No.458 of 2017 are registered against them.

According to the applicants, the Credit Cooperative Society claims that the amount of Rs.30,00,000/- is

2 aba516.17 receivable by it from the applicants. The applicants have pointed out that the amount of Rs.30,00,000/- claimed by the Credit Co-operative Society is paid to the society on 10th July, 2017.

By the order passed today i.e. on 1st August, 2017 on Criminal Application Nos. 399/2017, 300/2017, 395/2017 and 396/2017 it is directed that in the event of arrest in connection with Crime No.363 of 2017 and Crime No. 458/2017, registered against the applicants, they be released on bail.

For the same reasons, as recorded in the orders passed on the above mentioned applications, the order passed by this Court on 21st July, 2017, granting protection to the applicants is confirmed.

The application is allowed accordingly.

JUDGE RRaut..