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Bombay High CourtABA/888/2024disposed off

Naresh Rama Ahire v. The State Of Maharashtra

2024-04-12Hon'Ble Shri Justice Madhav J. Jamdar2 pages

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15.aba-888-24.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.888 OF 2024 Naresh Rama Ahire .....Applicant

Versus

The State of Maharashtra .... Respondent ----- Mr. Hrishikesh Mundargi, Advocate i/b. Shrishti Singh for the Applicant.

Mr. Avinash A. Naik, APP for the Respondent-State. ----- CORAM : SARANG V. KOTWAL, J.

DATE : 12th APRIL, 2024 P.C. :

1.

The Applicant is seeking anticipatory bail in connection with C.R.No.46/2024 registered with Kharghar Police Station, Navi Mumbai on 15.2.2024 under Sections 406, 420, 504, 506 read with 34 of IPC.

2.

Heard Mr. Hrishikesh Mundargi, learned counsel for the Applicant and Mr. Avinash Naik, learned APP for the Respondent-State.

3.

The FIR is lodged by Deepak Patil. The gist of the FIR is that on the pretext of getting loan and for carrying out valuation of his property, Rs.1 Lakh was taken by the Applicant. Deshmane(PS)

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15.aba-888-24.odt Further amount of Rs.14 Lakhs was taken by the Applicant as the processing fees to get loan to the tune of around Rs.2 Crores. The Applicant had represented to the informant that he was in a position to get a loan of Rs.2 Crores for the informant. However after the money was taken by the Applicant nothing further was done. The allegations are that the entire amount of Rs.15 Lakhs was misappropriated.

4.

Learned counsel for the Applicant without prejudice to his rights and contentions states that the Applicant is willing to deposit said amount with reasonable interest and that the Applicant will not have any objection if it is returned to the informant on appropriate undertaking to be executed by the informant. He submits that the Applicant will file an affidavit in that behalf and also show the schedule of the payment. 5.

Learned APP, on instructions, states that till 18.4.2024, the Applicant shall not be arrested. The statement is recorded.

6.

Stand over to 18.4.2024.

(SARANG V. KOTWAL, J.)