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Bombay High CourtABA/409/2019anticipatory bail rejected

Vaibhav Bhaskar Dhamankar And ANR v. The State Of Maharashtra

2019-02-18Hon'Ble Shri Justice Nitin W. Sambre2 pages

1 9) aba409-19 .doc SAS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.409 OF 2019 Vaibhav Bhaskar Dhamankar & Anr.

..Applicants.

V/s.

State of Maharashtra ..Respondent.

Mr.A.P.Mundargi, Senior Advocate i/b. Subir Sarkar for the applicant.

Smt.J.S.Lohokare, APP for the respondent­State. CORAM : NITIN W. SAMBRE, J.

DATE : FEBRUARY 18, 2019 P.C.:­ Heard learned counsel for the applicants and learned APP for the State.

2.

In crime No.20/2019 for offence punishable under sections 420 read 34 of the Indian Penal Code registered with Khandala police station, District Satara, the applicants are seeking pre­arrest bail.

3.

The allegations against applicants are, on assurances to various depositors / customers of high returns in case if the amount is invested in their business, they accepted huge amounts.

2 9) aba409-19 .doc 4.

It is informed that apart from the present crime, there are other similar offence registered against the applicants with the said police station.

5.

When the matter was heard on last occasion, the applicants expressed their desire to deposit the amount involved in the crime so as to establish their bona fides. As such the matter was adjourned.

6.

When the matter is called out today, the applicants expressed that they will not in a position to file an undertaking to deposit the amount with the investigating officer or this Court. 7.

Be that as it may, considering the allegations and the admitted fact that the applicants have accepted huge amounts and the facts that the applicants are involved in similar type of offence, in my opinion, no case for grant of pre­arrest bail is made out. 8.

Needless to observe that upon perusal of the contents of F.I.R. and other materials, it is explicitly clear that necessary ingredients for offence punishable under section 420 of the Indian Penal Code can be very much be inferred. As such, the application fails and is rejected.

(NITIN W. SAMBRE, J.)