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Bombay High CourtABA/221/2025allowed

Ramesh Ramdular Yadav v. The State Of Maharashtra

2025-02-10Hon'Ble Shri Justice Amit Borkar3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 221 OF 2025 Ramesh Ramdular Yadav ...Applicant

Versus

The State Of Maharashtra

...Respondent

____________________________________ Mr. Kuldeep Patil a/w. Ms. Saili N. Dhuru, Advocate for the Applicant. Mr. Nitin Patil, APP for the State.

Mr. Vijay Raut, PSI, Uran.

____________________________________

CORAM

: RAJESH S. PATIL, J.

DATED : 10 FEBRUARY 2025 P.C.:

1.

The learned APP submits that at page 202 list of crimes registered against the Applicant has been furnished.

2.

Mr. Patil, the learned Advocate appearing on behalf of the Applicant, submits that out of the list of matters furnished at page 202, the Applicant has already been granted protection by this Court through Anticipatory Bail Orders in Crime Registration Nos. 326 of 2023, 327 of 2023, and 299 of 2024, all registered at Panvel Police Station, as well as in Crime Registration No. 07 of 2024 registered with Pen Police Station, District Raigad. He further submits that an 'A' Summary report has already been filed in Crime Registration No. 07 of 2024. He also submits

that the remaining matters mostly arise out of complaints filed under Section 138 of the Negotiable Instruments Act. 3.

The learned APP does not admit the position and requests some time to provide the details of the various crimes registered against the present Applicant. He submits that a total of 30 crimes have been registered against the Applicant. He further submits that the present Applicant had issued certain cheques to the Informant, which were dishonored on presentation, as the cheques were drawn from the bank account of the Applicant's brother, who had already died. 4.

Mr. Patil, the learned Advocate appearing on behalf fo the Applicant submits that the transaction is entirely of a civil nature and that a total of six F.I.Rs. have been filed by six individuals coming together. He submits that out these six matters, the Applicant has been granted protection by an order passed in Anticipatory Bail Application in four matters. The Anticipatory Bail Application in the fifth matter is pending before this Court, and the present matter is the sixth one. In the year 2017, the Applicant had purchased six plots of land in Uran and Panvel areas, prior to the construction of the Atal Setu bridge, as an investment. He submits that the entire consideration amount was paid to the six farmers, which included payments made through cheques, RTGS and cash. However, soon after the construction of the Atal Setu bridge,

the farmers began raising grievances. As far as the present Applicant is concerned, it was his father, Tukaram Mali, who had accepted entire consideration amount. However, after the death of Tukaram Mali, the present Informant, who is the son of Tukaram Mali has started making grievances regarding the transaction. He further submits that in fact, certain grievances were raised by Tukaram Mali before Tahsildar. However, subsequently, a compromise was entered into between the parties before the Tahsildar. Pursuant to which, the Tahsildar passed an order on 18 June 2018, thereby resolving the issues between the parties. 5.

He submits that thereafter the police conducted an inquiry on 19 October 2023, the file was closed by the Police on the grounds that this was a civil dispute. However, suddenly the police have now resumed investigations and proceeded to file an F.I.R. 6.

Since, the learned APP is requesting time to take instructions, Mr. Patil, has no objection to such a request being granted. 7.

Stand over to 25 February 2025.

8.

In the meanwhile, no coercive steps will be taken against the Applicant.

(RAJESH S. PATIL, J.)