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Bombay High CourtABA/809/2022allowed

Shaikh Hamidullah Shaikh Rahmatullah v. State Of Mah. Thr. Pso Ps Kalamna Nagpur

2022-12-12Hon'Ble Shri Justice Anil S. Kilor2 pages

22.aba.809.22.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (ABA) NO.809 OF 2022 Mr Shaikh Hamidullah Shaikh Rahmatullah .Vs. State of Maharashtra, through P.S.O., P.S. Kalamna, Nagpur Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Shri B.S. Joshi, Advocate for the applicant.

Shri V.A. Thakare, A.P.P. for the non-applicant/State. CORAM : ANIL S. KILOR, J.

DATED : 12/12/2022 1.

Heard.

2.

The applicant is seeking pre-arrest bail in Crime No.394 of 2022, registered with Police Station: Kalamna, District: Nagpur, for the offence punishable under Section 420 of the Indian Penal Code.

3.

In this crime, the allegation against the applicant is that, he sold out the plot in question to two different persons including the informant. It is further alleged that in the said transaction, the applicant received Rs.26,000/- from the informant.

4.

After going through the case diary, prima facie, the dispute appears to be of civil nature. Moreover, to show his bonafides, the applicant has deposited Rs.26,000/- before the trial Court.

C.L.Dhakate

22.aba.809.22.odt 5.

In the circumstances, though the learned APP and the complainant in person, are opposing the present application, 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) It is directed that in the event of arrest of the applicant in Crime No.394 of 2022, registered with Police Station: Kalamna, District: Nagpur, for the offence punishable under Section 420 of the Indian Penal Code, the applicant shall be released on bail on furnishing P.R. Bond of Rs.15,000/- with one solvent surety in the like amount.

c) The applicant shall attend the concerned Police Station as and when his presence is required. The criminal application is disposed of accordingly.

JUDGE Signed By:CHETAN LOPCHAND DHAKATE Personal Assistant to the Hon'ble Judge C.L.Dhakate