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Bombay High CourtABA/1717/2022allowed

Prakash Radhekant Pandey v. The State Of Maharashtra

2022-09-27Hon'Ble Shri Justice Nitin W. Sambre2 pages

2_ABA1717_22.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.1717 OF 2022 Prakash Radhekant Pandey ...

Applicant Vs.

State of Maharashtra ...

Respondent Mr. Ashish Dubey a/w. Ms. Yogita Kanojiya for Applicant. Mr. A. A. Palkar, APP for Respondent-State.

CORAM : NITIN W. SAMBRE, J.

DATE :

SEPTEMBER 27, 2022 P.C. :

Heard.

2.

Applicant is seeking pre-arrest bail in Crime No.229 of 2017 registered with Miraj Rural Police Station, Sangli for the offence punishable under Section 408 IPC.

3.

The prosecution case is, the applicant while managing petrol pump of the complainant has sold the petroleum stock, misused the cheques and withdrawn the amount.

4.

Prima facie, there appears to be a dispute between the applicant and the complainant over the management of the petrol pump. The offence was registered way back on 11.09.2017. 5.

The present criminal proceedings cannot be used as a rigour for recovery of the amount, particularly in the backdrop of financial disputes in the matter of administration of the business. That being so, case for grant of protection is made out.

6.

In the event of arrest of the applicant in Crime No.229 of 2017 registered with Miraj Rural Police Station, Sangli for the offence punishable under Section 408 IPC, he be released on bail on executing P.R. Bond in the sum of Rs.25,000/- each with one or two sureties in the like amount. Applicant shall attend the Investigating Officer from 10th to 1/2

2_ABA1717_22.doc 15th October, 2022 between 10:00 a.m. and 12 noon and thereafter as and when directed by the Investigating Officer. The said applicants shall not directly or indirectly try to influence the prosecution witnesses and tamper with the evidence.

7.

Application is disposed of.

(NITIN W. SAMBRE, J.) Minal Parab 2/2