Mahendra Shankar Narkar v. The State Of Maharashtra

1 9) aba2598-18.doc SAS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.2598 OF 2018 WITH CRIMINAL APPLICATION NO.144 OF 2019 Mahendra Shankar Narkar ..Applicant.

V/s.

The State of Maharashtra ..Respondent.

AND Rajaram Keshav Kuware ..Intervenor.

ANTICIPATORY BAIL APPLICATION NO.2597 OF 2018 WITH CRIMINAL APPLICATION NO.145 OF 2019 Adesh Dattatraya Ambolkar ..Applicant.

V/s.

The State of Maharashtra ..Respondent.

AND Rajaram Keshav Kuware ..Intervenor.

Mr.Balkrishna B.Tangsali for the applicant in both applications Smt. J.S.Lohokare, APP for the respondent­State. Mr.Ranjit A.Agashe with Prathamesh Nirke & Yuvaraj I/b. Namrata Agashe for the intervenor in both applications 144 & 145 of 2019. CORAM : NITIN W. SAMBRE, J.

DATE : FEBRUARY 26, 2019 P.C.:­ Heard learned counsel for the applicants, intervenor

2 9) aba2598-18.doc and learned APP for the State.

2.

In crime No.46/2018 for offence punishable under sections 420, 465, 468, 471 read 34 of the Indian Penal Code, the applicants are seeking pre­arrest bail.

3.

The applicants are witnesses to the power of attorney, wherein they have identified the power of attorney holder who was found to be bogus person.

4.

The submissions is, the offence is based on documentary evidence and the applicants are not the beneficiaries cannot be accepted for the reason that the applicants have identified the main accused, who by impersonation, transferred the property.

5.

Whether the applicants are beneficiaries or not in the transaction in question cannot be looked into at this stage. No case is made out to grant pre­arrest bail. Both the applications are rejected.

6.

In view of the disposal of the main applications, the criminal applications also stand disposed of. (NITIN W. SAMBRE, J.)