Sandip Bajirao Jadhav v. State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 2014 OF 2024 Sandip Bajirao Jadhav ...

Applicant vs.

The State of Maharashtra ...

Respondent WITH INTERIM APPLICATION NO. 2919 OF 2024 IN ANTICIPATORY BAIL APPLICATION NO. 2014 OF 2024 Mr. Ajit Kenjale a/w. Ms. Utkantha A. Kenjale, Ms. Deepali Yawatkar, Sai R. Kadam, Mr. Azharuddin A. Khan and Ms. Prachi Deokar for applicant. Mr. Bapu V. Holambe-Patil, APP for respondent-State. None for applicant in IA/2919/24.

Mr. Manoj Chandrakant Jaigude, H.C., Medha Police Station, District Satara. CORAM : MANISH PITALE, J.

DATE :

05th AUGUST, 2024 P.C. :

.

Heard learned counsel for the applicant and the learned APP for the respondent-State.

2.

In the present case, the applicant is apprehending arrest in connection with FIR No.0097 of 2024 dated 10.06.2024 registered at Medha Police Station, District Satara for offence under Section 420 of the Indian Penal Code, 1860.

Digitally signed by PRIYA KAMBLI Date:

2024.08.05 18:57:31 +0530 1/3 PRIYA KAMBLI

3.

After hearing the learned counsel for the applicant and the learned APP, this Court is inclined to grant interim relief in favour of the applicant for the following reasons:

(a) The statement of the informant shows that according to him, he was cheated because the applicant executed sale deeds in the month of March 2015 for total consideration of 6 lakhs on the basis of a power ₹ of attorney, which authorized the applicant only to present the documents. The statement of the informant does not show as to when he first became aware about execution of the aforesaid sale deeds. (b) In the absence of such information given by the informant and the subject transactions having been executed in the month of March 2015, prima facie, there appears to be delay in registering the FIR on 10.06.2024.

(c) The applicant has come forward with a positive assertion that there is a civil dispute in the background, for the reason that the applicant was a guarantor in a loan taken by the informant from a credit co-operative society. It is alleged that the first informant defaulted, as a consequence of which the applicant, being a guarantor, also received a notice. A dispute arose between the applicant and the first informant because the applicant was insisting upon the informant to repay the entire outstanding loan.

(d) Alongwith an additional affidavit in the present application, the applicant has annexed certain documents to support the assertion regarding the civil dispute in the background, which is allegedly being sought to be given the colour of criminality. The investigating authority is required to examine the above aspect also. 2/3

4.

In view of the above, there shall be interim relief in the following terms:

(a) Till the next date, in the event the applicant is arrested in connection with FIR No.0097 of 2024 dated 10.06.2024 registered at Medha Police Station, District Satara, he shall be released on bail on furnishing PR Bond of 50,000/- and one or two sureties in the like amount to the ₹ satisfaction of the trial court;

(b) the applicant shall appear before the investigating officer on 08.08.2024 between 10:00 a.m. and 12:00 noon and thereafter as and when required by the investigating officer;

(c) the applicant shall not influence the informant, witness or any person concerned with the case and he shall not tamper with the evidence. 5.

Needless to say, violation of any of the aforesaid conditions may result in this order being cancelled.

6.

List the application for further consideration on 03.09.2024, High on Board.

(MANISH PITALE, J) Priya Kambli 3/3