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Bombay High CourtABA/490/2015rejected

Bhushan S/O Shivkumar Bhardwaj v. The State Of Maharashtra, Through Its P.S.O. P.S. Ambazari, Nagpur

2015-10-09Hon'Ble Shri Justice V.M. Deshpande2 pages

aba490.15.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CRIMINAL APPLICATION (ABA) NO.490/2015 Mr. Bhushan Shivkumar Bharadwaj ..vs.. State of Maharashtra, through PSO P. S. Ambazari, Nagpur.

_______________________________________________________________________ Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

Mr. Parag Bezalwar, Advocate for applicant.

Mr. S. S. Doifode, A.P.P. for non applicant-State. CORAM : V.M. DESHPANDE, J.

DATED : OCTOBER 9, 2015 Heard.

This is an application for anticipatory bail. The applicant is apprehending his arrest in connection with crime No.52/2015, registered with Police Station, Ambazari, Nagpur for an offence punishable under Sections 420, 465, 468, 471, 34 of the IPC.

The FIR is lodged by one Dilip Surana, having his bank account at Panjab National Bank, Dharampeth Exchange, Nagpur. It came to the knowledge of the first informant that the applicant has withdrawn Rs.4,75,000/- from his account by cheque bearing No.381295. It is the case of the prosecution that the said cheque was never issued by the first informant to Shrikrushna Enterprises and in spite of that, the amount was withdrawn from the account of the first informant. On the basis of the same, Crime No.52/2015 was registered. During the course of

aba490.15.odt investigation, it was revealed that the applicant is proprietor of Shrikrushna Enterprises at Morinda, Punjab.

It is worth to note that the cheque is still in the cheque book issued by the Punjab National Bank to the complainant. This shows that the cheque, which was used in the name of the first informant, is the forged one.

In that view of the matter, custodial presence of the applicant is absolutely necessary. Hence, the application is rejected.

JUDGE kahale