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Bombay High CourtABA/719/2022allowed

Gunwant S/O Wamanrao Tumsare v. State Of Mha. Thr. Pso Ps Ajni Nagpur

2022-11-29Hon'Ble Shri Justice Anil S. Kilor2 pages

18aba719.2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (ABA) NO. 719 OF 2022 Gunwant s/o Wamanrao Tumsare .Vs. State of Maharashtra Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Mr Rajnish Vyas, Advocate for the applicant.

Ms Shamshi Haider, A.P.P. for the non-applicant /State. Mr P.S. Tiwari, Advocate for Assist to Prosecution. CORAM : ANIL S. KILOR, J.

DATED : 29/11/ 1.

Heard.

2.

The applicant is seeking anticipatory bail in connection with Crime No. 609/2022 registered with Police Station Ajani, District Nagpur for the offences punishable under Sections 420, 504 and 506 of the Indian Penal Code, 1860.

3.

Considering the fact that nature of allegations are of civil nature and further considering the undertaking of the applicant that he is ready to deposit Rs. 4 Lakhs in the trial Court within three weeks to show his bonafide coupled with the fact that there is a delay of twenty years in lodging the FIR, I am of the opinion that custodial interrogation of the applicant is not necessary. There is further reason to say so, as the learned APP makes a statement that the applicant is cooperating with the investigating officer during the investigation.

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18aba719.2022.odt 4.

In the circumstances, I am of the opinion that custodial interrogation of the applicant is not necessary. Accordingly, I pass the following order:

a) The criminal application is allowed.

b) The order granting ad interim anticipatory bail dated 12/10/2022, is hereby confirmed.

c) The applicant shall deposit Rs. 4 Lakhs as he has undertaken to deposit before the learned trial Court within three weeks from today.

d) The applicant shall attend the concerned Police Station as and when his presence is required. JUDGE Signed By:RAJESH K NANDURKAR rkn