Raghvir Onkar Sandhu v. The State Of Maharashtra

8-Aba-1769-24.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.1769 OF 2024 Raghvir Onkar Sandhu ...

Applicant Vs.

State of Maharashtra ... Respondent ____________________________________________________________ Mr. K. R. Tiwari, for applicant.

Mr. Mayur S. Sonavane, APP for Respondent-State. Mr. Rameshwar Parve, PSI, Vishram Baug Police Station. ____________________________________________________________ CORAM : MANISH PITALE, J.

DATE : 25th NOVEMBER 2024 P.C. :

.

Heard Mr. Tiwari, learned counsel appearing for the applicant, and Mr. Sonavane , learned APP for the State.

2.

In this application, on 10.07.2024, this Court granted interim relief in favour of the applicant recording reasons as follows: "3.

Having perused the statement of the informant which led to registration of the FIR and the specific stand taken by the applicant, this Court finds that a case is made out for grant of interim relief for the following reasons :

(I) Even according to the informant, the last payment was made on 19th December 2020 in favour of a company called Windsor Antique House Company and yet the FIR was filed almost after three years i.e. on 5th October 2023. (ii) The applicant specifically contends that he has nothing to do with the said Windsor Antique House Company and that the informant is falsely implicating the applicant in the backdrop of a dispute between the applicant and the in formant in respect of events specifically stated in paragraphs 4 to 8 of 1/2

8-Aba-1769-24.odt the application.

(iii) The applicant specifically states that some time in April2023, he had received a phone call from in-charge of Kharadi Chowkie of Chandan Nagar Police Station, Pune, in respect of the grievance being raised by the informant and that he had responded to the said phone call and appeared before the concerned in-charge Police Officer. He gave his explanation and thereafter, no action was taken. It is further stated that subsequently, on 14th July 2023, a notice was received from Assistant Police Inspector of Hadapsar Police Station, in respect of which also the applicant had responded and he had given answers to specific questions. But, the FIR was eventually registered three months thereafter i.e. on 5th October 2023." 3.

The learned APP states that the applicant did abide by the conditions imposed by this Court, including appearing before the Investigating Officer as directed by this Court. It was submitted that the statement of the applicant was recorded wherein he conceded that he had received amount of Rs.5,00,000/- but for some other purpose.

4.

This Court is of the opinion that the above quoted reasons recorded while granting relief to the applicant hold good for allowing the application itself, as the applicant is co-operated with the investigation and no purpose would be served by putting the applicant behind bars. 5.

In view of the above, the interim order dated 10.07.2024 is made absolute and the application is allowed, subject to the applicant continuing to co-operate with the investigation. He shall not tamper with the evidence, and he shall also not influence the informant, witnesses or any other persons concerned with the case.

(MANISH PITALE, J.) Ajit Pathrikar 2/2