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Bombay High CourtABA/30/2024partly allowed

Jagdish S/O. Dipchand Khattar And 3 Others v. The State Of Mah. Thr. Ps Incharge/Officer, Ramnagar Ps, Chandrapur Tal Chandrapur.

2024-01-12Hon'Ble Shri Justice M. W. Chandwani2 pages

51 aba30.24.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CRIMINAL APPLICATION (ABA) NO. 30 OF 2024 Jagdish s/o Dipchand Khattar and others Vs. State of Maharashtra __________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

Shri/s A.N. Kakade & V.R. Borkar, Advocates for applicants. Shri A.M. Kadukar, APP for non-applicant/State. CORAM :

M.W. CHANDWANI, J.

DATE : JANUARY 12, 2024.

Heard.

2.

The applicants seeks anticipatory bail in connection with Crime No.1345/2023 registered with Police Station, Ramnagar, District Chandrapur for the offences punishable under sections 120B, 406, 420 and 506 read with section 34 of the Indian Penal Code.

3.

Issue notice to the non-applicant.

4.

Learned APP waives notice on behalf of non-applicant and prays for time to file reply.

5.

It is contended that alleged amount of Rupees Nine crore and odd amount has been given to the accused no.2 - Amit Khattar, the son of the applicant nos.1 and 4, for allegedly getting wine shop licence transferred in the name of informant. Not a single amount has been received by any of the applicants. It is contended that the applicant no.1 had broken all the relations with his son (accused no.2) due to his bad habit and notice has been published in daily newspaper that he has no concerned with accused Amit Khattar. According to learned counsel for the applicants, the applicants have been

51 aba30.24.odt roped in this crime only for recovery of amount, which is allegedly taken by the main accused Amit Khattar. 6.

Perusal of reply filed by the prosecution before the Additional Sessions Judge would show that some of the amount has been transferred to the accounts of firms owned by applicant nos.1 and 3. Since matter is about financial, which involves huge amount, the case diary is not available. 7.

Learned APP fairly submits that applicant nos.3 and 4, who are ladies, can be protected by interim order. 8.

In view of the fact that applicant nos.3 and 4 are ladies, they can be protected by way of ad interim order. Hence, this order.

9.

Pending application, in the event of arrest in connection with Crime No.1345/2023 registered with Police Station, Ramnagar, District Chandrapur for the offences punishable under sections 120B, 406, 420 and 506 read with section 34 of the Indian Penal Code, the applicant nos.(3) -Kashish W/o Amit Khattar and (4) Dipti W/o Jagdish Khattar be released on bail on executing PR bond in the sum of Rs.25,000/- each with one solvent surety in the like amount.

10.

The applicant nos.3 and 4 shall attend the concerned Police Station as and when directed by the investigating officer.

JUDGE Wagh