Sudesh Vijaysingh Thakur v. The State Of Maharashtra, Thr. Pso, Ps, Ambazari, Nagpur

1 996.ABA.570-2025.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION (ABA) NO. 570 OF 2025 ( Shri Sudesh Vijaysingh Thakur Vs.

State of Maharashtra, Thr. PSO. Police Station, Ambazari, Nagpur ) Office Notes, Office Memoranda of Coram, Appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Mr. S.D. Chande, Advocate for the Applicant.

Mr. M.J. Khan, APP for the Non-applicant/State. CORAM: URMILA JOSHI-PHALKE, J.

DATED : 31st JULY, 2025 1.

Apprehending the arrest at the hands of Police in connection with Crime No.207/2025 registered with Police Station Ambazari, Nagpur for the offences punishable under Sections 420 of the Indian Penal Code, the Applicant approached to this Court for grant of pre arrest bail. 2.

Heard learned Counsel for the Applicant, who submitted that as per the allegation the complainant was working as a Director in Maharashtra Health Services, Mumbai and retired in January 2012 and was having acquaintance with the present Applicant. They entered into the transaction to purchase the plots and consideration amount was paid and subsequently the present Applicant denied to execute the sale deed, on the contrary he denied the

2 996.ABA.570-2025.odt agreement itself. On the basis of the said report Police have registered the crime against the present Applicant. 3.

He submitted that even accepting the allegations as it is, it appears to be of a civil nature. At the most the Complainant can file the suit for specific performance and no criminal offence is committed by the present Applicant, his immediate custodial interrogation is not required. In view of that he be protected by granting ad interim anticipatory bail. 4.

Learned APP, strongly opposed the same and submitted that denying of the execution of the sale deed itself shows the intention of the present Applicant, and therefore, his custodial interrogation is required.

5.

On hearing both the sides and on perusal of the recitals of the FIR, it reveals that, there was an agreement between the present Applicant and the Complainant as to the purchasing of the properties and subsequently the present Applicant has denied the said transaction. Even accepting the allegation as it is, immediate custodial interrogation of the present Applicant is not required, the entire investigation revolves around the documents. As far as the apprehension raised by the learned APP is concerned, can be taken care of by imposing certain conditions on the present Applicant. Accordingly, I proceed to pass the following order:

3 996.ABA.570-2025.odt

O R D E R

i.

In the event of the arrest, the ApplicantShri Sudesh Vijaysingh Thakur in connection with Crime No.207/2025 registered with Police Station Ambazari, Nagpur for the offence punishable under Section 420 of the Indian Penal Code, be released on ad-interim anticipatory bail, on executing P.R. Bond in the sum of Rs.25,000/- with one solvent surety in the like amount.

ii.

The Applicant shall attend the concerned Police Station once in a week i.e. on every Sunday between 10.00 a.m. and 01.00 p.m. and shall cooperate with the investigating agency.

iii.

The Applicant shall not induce, threat or promise any witnesses who are acquainted with the facts of the case either personally or by way of electronic media.

6.

Mr. Khan, learned APP, waives notice for the Non-applicant/State and seeks time to file reply. 7.

Stand over after two weeks.

(URMILA JOSHI-PHALKE, J.) SD. Bhimte Signed by: Mr.S.D.Bhimte Designation: PA To Honourable Judge Date: 01/08/2025 19:00:03