Bombay High CourtABA/730/2016dismissed

Mohsin S/O. Subhan Khan v. State Of Maharashtra Thr. Police Station Officer Sakkardara Police Station Nagpur

2017-06-22Hon'Ble Shri Justice Z.A. Haq2 pages

1 aba730.16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRI. APPLICATION (ABA) NO. 730 OF 2016 (MOHSIN SUBHAN KHAN...VS.. STATE OF MAH. THR. PSO SAKKARDHARA, NAGPUR) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri R.K.Thakkar, Advocate for Applicant.

Shri S.P. Deshpande, A.P.P. for Non-applicant. CORAM : Z.A.HAQ, J.

DATED : JUNE 22, 2017.

Heard.

The applicant, apprehending arrest in crime registered against him and two others for the offence punishable under Section 420 read with Section 34 of the Indian Penal Code, has sought pre-arrest bail. According to the Investigating Agency the applicant and other two accused had been doing business in the name "Eye Vision Surgicals" and assuring that Eye Testing Machine would be supplied to the complainant received Rs.1,25,000/- from the complainant but failed to supply the Eye Testing Machine. According to the applicant, he has not taken any amount and entire dealings are by other two accused.

According to the Investigating Agency other crimes for similar offences are registered against the applicant and other two accused at various police stations i.e. Police Station, Ramdaspeth, Akola, Police Station, Yashodhara Nagar, Nagpur, Police Station, Ajani, Nagpur and Police Station Frezerpura, Amravati.

2 aba730.16 The application is opposed on the ground that the investigation is still in progress and other two accused are absconding and the applicant is not co-operating with the Investigating Agency.

Considering the above facts, I am not inclined to grant the prayer. The application is dismissed. JUDGE RRaut..