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Bombay High CourtBA/4158/2024allowed

Sanket Gaurangbhai Zaveri v. The State Of Maharashtra

2025-03-03Hon'Ble Shri Justice Milind N. Jadhav2 pages

59.BA.4158.24.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. 4158 OF 2024 Sanket Gaurangbhai Zaveri .. Applicant

Versus

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

 Mr. Ajinkya Udane, Advocate for Applicant.

 Mr. Hitendra J. Dedhia, APP for Respondent - State.  Mr. Karansingh Vishwajit Mertia, Advocate for Intervenor. ....................

CORAM

: MILIND N. JADHAV, J.

DATE : MARCH 03, 2025.

P.C.:

1.

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

Heard Mr. Udane, learned Advocate for Applicant; Mr. Dedhia, learned APP for Respondent - State and Mr. Mertia, learned Advocate for Intervenor.

3.

Applicant is indicted for offences punishable under the provisions of Sections 406, 409 and 420 read with 34 of the Indian Penal Code, 1860.

4.

Transaction between the parties is not the question before the Court in the prosecution case. Indictment is on the basis of the Applicant being arraigned as Accused No.2 and having introduced Accused No.1 to the Complainant in question for their transaction.

59.BA.4158.24.doc Case of the prosecution is that Applicant has received a commission of 10% in that transaction which is denied by Mr. Udane. However, according to the Complainant there is adequate material on record to show that money has been transferred from the account of Accused No.1 to Accused No.2.

Prima facie, inter se also all parties have a nexus with each other. Hence nexus between parties rather Applicant's nexus with Complainant is the issue before Court. 5.

Mr. Mertia, learned Advocate persuades the Court to allow Intervenor - Complainant to appear in the Application and seeks permission of this Court to file Intervention Application. Intervenor - Complainant is at liberty to file proceedings as available to him in law. This Court does not give permission to Intervenors to file Intervention Application in Bail matters. If any Application is filed, a copy of the same be served on the Advocate for Applicant in advance. 6.

Mr. Dedhia, learned APP is directed to take appropriate instruction from the concerned Investigating Officer on the submissions made by Mr. Udane and accordingly apprise the role of Applicant in the alleged crime to the Court on the next adjourned date. 7.

List the Bail Application on Board on 04th April, 2025. [ MILIND N. JADHAV, J. ] Ajay AJAY TRAMBAK UGALMUGALE Date: 2025.03.03 20:40:02 +0530 AJAY TRAMBAK UGALMUGALE