Shila Pankaj Wankhede v. State Of Maharashtra, Thr. Pso, Ps Frezarpura, Dist. Amravati

Diksha Rane 19. ABA 262-25.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 262 OF 2025 PRAVIN VIRAM SATRA ..APPLICANT VS.

STATE OF MAHARASHTRA ..RESPONDENT ------------ Adv. Niranjan Mundargi a/w. Adv. Prasanna Bhangale, Adv. Arundhati K., Adv. Afreen T., Adv. K. Shukla i/b. Vis Legis Law Practice for the applicant.

Ms. Rutuja A. Ambekar, APP for the State.

API Pawar, Borivali Police Station.

------------ CORAM : RAJESH S. PATIL, J.

DATE : JANUARY 28, 2025.

P.C. :

1.

This is an application filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 seeking anticipatory bail in First Information Report (FIR) No. 31 of 2025 registered with Borivali Police Station, District Brihanmumbai Shahar, under sections 318 (4), 316(2), 3(5) of the Bharatiya Nyaya Sanhita, 2023. 2.

Mr. Niranjan Mundargi, the learned counsel appearing for the applicant submits that the principal allegation against the applicant is twofold viz. the applicant is a developer allowing the occupants to

Diksha Rane 19. ABA 262-25.doc stay in the building where 'OC' was not issued and the second allegation is that in the rehab building, he did not allow the slum dwellers to take possession and reside. The learned counsel further submits that as far as the allegations with regards to allow the dwellers to reside in the rehab building is concerned, the said rehab building is totally functional and the 'OC' has been issued by the Planning Authority. However, due to the issue of eligibility of occupants disputed, which according to him has to be decided by the Slum Rehabilitation Authority (SRA), the dwellers are not occupying the said flats. He submits that as regards the dwellers occupying the premises without "OC', it is in fact on his complaint to the SRA that there are dwellers staying in the building without "OC' being issued by the Planning Authority.

3.

The learned counsel for the applicant submits that the applicant was and is always ready to cooperate with the police and is ready to attend the police station for recording his statement. 4.

In view of the same, the applicant is directed to remain present for the purpose of recording his statement and furnishing the documents as per the requirement of the police on 31st January 2025, 1st February 2025 and 2nd February 2025, between 11.00 a.m. to 1.00

Diksha Rane 19. ABA 262-25.doc p.m.

5.

Stand over to 6th February 2025 under the caption "for circulation".

6.

In view of the submissions made by the learned counsel for the applicant and going through the application paper-book, till the next date of the hearing, no coercive steps be taken against the applicant. (RAJESH S. PATIL, J.) Signed by: Diksha Rane Designation: PS To Honourable Judge Date: 28/01/2025 19:47:38