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Bombay High CourtABA/375/2019anticipatory bail granted

Uttam Chintamani Kamble And ANR v. The State Of Maharashtra

2019-02-13Hon'Ble Shri Justice Nitin W. Sambre3 pages

1/3 Yadav 914.aba.375.19

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 375 OF 2019 Uttam Chintamani Kamble & Anr.

...

Applicants

Versus

The State of Maharashtra ...

Respondent Mr. Ramprasad V. Gupta for Applicants.

Mr. A. A. Palkar, APP for Respondent - State. CORAM :

NITIN W. SAMBRE, J.

DATE :

FEBRUARY 13, 2019.

P.C. :

.

In Crime No. 227 of 2018 for an offence punishable under Sections 420, 406, 506 read with Section 34 of the Indian Penal Code the Applicants are seeking pre­arrest bail.

2.

The offence is based on the transfer of four­wheeler vehicle bearing registration No. MH­12­ET­9304 which was owned by the father of the complainant.

3.

The prosecution case is, the Applicants though purchased the vehicle have paid only part consideration and fraudulently got transferred the said vehicle in their name. As such the offence.

2/3 Yadav 914.aba.375.19 4.

The fact remains that the vehicle is in possession of the complainant. That being so, in view of an undertaking given by the Applicants that unless the dispute about possession is resolved in Civil Court the Applicants will not take possession of the said vehicle, a case for grant of pre­arrest bail is made out. Hence, the following order.

ORDER

(A) In the event of arrest in Crime No. 227 of 2018 for an offence punishable under Sections 420, 406, 506 read with Section 34 of the Indian Penal Code both the Applicants be released on executing PR Bond of Rs.25,000/­ with one or more sureties each in the like amount.

(B) Both the Applicants shall attend the Investigating Officer on 18th , 21st, 25th and 28th February 2019 between 10.00 a.m. to 12.00 noon and thereafter as and when directed by the Investigating Officer.

(C) Both the Applicants shall neither tamper the evidence of prosecution nor influence the prosecution witnesses.

3/3 Yadav 914.aba.375.19 5.

Anticipatory Bail Application stands disposed of accordingly. (NITIN W. SAMBRE, J.)