Sheldon Frank Vaz v. State Of Maharashtra

79.BA.2724.24.doc Ajay IN IN THE THE HIGH HIGH COURT COURT OF OF JUDICATURE JUDICATURE AT AT BOMBAY BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 2724 OF 2024 Sheldon Frank Vaz .. Applicant

Versus

The State of Maharashtra .. Respondent ....................

 Mr. Rushan Balsara, Advocate i/by Mithilesh Mishra for Applicant.  Mr. Sukanta A. Karmakar, APP for Respondent - State. ....................

CORAM

: MILIND N. JADHAV, J.

DATE : FEBRUARY 10, 2025.

P.C.:

1.

Mentioned at the time of rising of the Court. 2.

Heard Mr. Balsara, learned Advocate for Applicant and Mr. Karmakar, learned APP for Respondent - State. 3.

This is an Application under Section 439 of the Code of Criminal Procedure, 1973 seeking Regular Bail in connection with FIR No.481 of 2023 and bearing C.C. No.471/PW/2024 registered with Andheri Police Station for the offences punishable under Sections 406, 420 and 506 read with 34 of the Indian Penal Code, 1860. 4.

Case of the Complainant in the FIR is that he has entrusted an amount of Rs.60,00,000/- with the Applicant but the Applicant has failed to return it back.

79.BA.2724.24.doc 5.

Case of the Applicant before me is that he is a car designer and he had a transaction with the Complainant which is not denied by him. However Applicant case is that he has returned back the amount of Rs.60,00,000/- to the Complainant before filing of the FIR. 6.

Mr. Balsara would submit that after the FIR was filed no enquiry was conducted by the Investigating officer about the Rs.60,00,000/- returned back by Applicant, Applicant's statement was not recorded and he was arrested and he is suffering incarceration for one year thereafter.

7.

Learned APP is directed to take appropriate instructions on the aforesaid submissions made by Mr. Balsara and apprise the Court on the next adjourned date.

8.

List the matter on Board on 24th February 2025 at 02:30 p.m. [ MILIND N. JADHAV, J. ] Ajay by AJAY TRAMBAK UGALMUGALE Date: 2025.02.10 19:43:34 +0530 AJAY TRAMBAK UGALMUGALE