Kamlesh Rawal v. The State Of Maharashtra

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.1230 OF 2024 Kamlesh Rawal .... Applicant versus The State of Maharashtra .... Respondent .......

• Mr. Mukesh B. Yadav, Advocate for Applicant.

• Ms. Pallavi N. Dabholkar, APP for the State/Respondent.

CORAM

: SARANG V. KOTWAL, J.

DATE : 07th MAY, 2024 P.C. :

1.

The Applicant is seeking anticipatory bail in connection with C.R.No.154/2023, dated 13/03/2023, registered with RCF Police Station, Mumbai, under sections 406, 420 of the Indian Penal Code.

2.

Heard Mr. Mukesh B. Yadav, learned counsel for the Applicant and Ms. Pallavi N. Dabholkar, learned APP for the State.

Digitally signed by MANUSHREE NESARIKAR Date:

2024.05.09 11:24:04 +0530 MANUSHREE NESARIKAR Nesarikar

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The FIR is lodged by one Jagdish More. He has stated that the Applicant was having a jewellery shop. The informant was in need of money. Therefore, he had pledged his ornaments weighing 6 Tolas of gold with the Applicant and had taken Rs.1,93,000/- as a loan. In April 2022, he returned Rs.2,00,000/- and requested to give back his ornaments. But on some pretext the Applicant did not return his ornaments and he closed his shop and was not reachable. On this basis, the FIR is lodged.

4.

Learned APP submitted that during investigation, it was revealed that there are other such victims and therefore, the investigating agency has recorded statement of one Shirke. 5.

Learned counsel for the Applicant submitted that the Applicant had no intention to cheat any of his customers. In any case, he is willing to settle the matter with the alleged victims and in particular with the informant and said Shirke. Strictly based on this statement, the Applicant can be protected till the next date to test his bonafide.

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Hence, the following order :

O R D E R

(i) In the event of his arrest in connection with C.R.No.154/2023, dated 13/03/2023, registered with RCF Police Station, Mumbai, till the next date, the Applicant is directed to be released on bail on his furnishing PR bond in the sum of Rs.30,000/- (Rupees Thirty Thousand Only) with one or two sureties in the like amount.

(ii) The Applicant shall attend the concerned Police Station on 15/05/2024, 16/05/2024 and 17/05/2024 between 01.00 p.m. to 05.00 p.m.

and thereafter as and when called and shall cooperate with the investigation.

(iii) This order shall operate till 02/07/2024.

(iv) Stand over to 02/07/2024.

(SARANG V. KOTWAL, J.)