Sanjay Nathabhai Kabira v. State Of Maharashtra

74.BA.4305.2024.doc HARSHADA H. SAWANT (P.A.) IN IN THE THE HIGH HIGH COURT COURT OF OF JUDICATURE JUDICATURE AT AT BOMBAY BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO.4305 OF 2024 Sanjay Nathabhai Kabira .. Applicant

Versus

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

 Mr. Gaurav M. Parkar, Advocate for Applicant.  Ms. Rajeshree V. Newton, APP for Respondent.

...................

CORAM

: MILIND N. JADHAV, J.

DATE : APRIL 07, 2025 P.C.

:

1.

Heard Mr. Parkar, learned Advocate for Applicant and Ms. Newton, learned APP for Respondent.

2.

Application is listed for the first time today. 3.

Indictment of Applicant is under Special Act. Learned Advocate would inform the Court that the total amount alleged by the First Informant is the subject matter of the complaint which is approximately Rs.2.5 Crores. He would submit that two properties of the Applicant have been attached by the prosecution in the meanwhile. 4.

He would submit that one of property is an unencumbered flat which is worth Rs.1 Crores and prosecution can take steps to recover the said amount in accordance with law. Next he would submit that in so far second flat is concerned, he would submit the present day value of the said flat is approximately Rs.4 Crores out of

74.BA.4305.2024.doc which an outstanding loan amount of Rs.3 Crores is due and payable and Applicant is ready and willing to forego his right in the said flat also if prosecution desires to take any steps for recovery of money. Hence he would submit that once the alleged amount of the First - Informant Complainant stands secured and Applicant having participated in the investigation fully and charge-sheet being filed, further custody of Applicant is not warranted. 5.

Learned APP shall ascertain the veracity of submissions made by Mr. Parkar and accordingly file its Affidavit-in-Reply positively within a period of two weeks from today.

6.

Stand over to 21st April, 2025. To be placed under the caption 'For Compliance'.

H. H. SAWANT [ MILIND N. JADHAV, J. ] by HARSHADA HANUMANT SAWANT Date: 2025.04.08 14:42:57 +0530 HARSHADA HANUMANT SAWANT