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Bombay High CourtABA/735/2025rejected

Simon S/O Errol Scott v. State Of Maharashtra Thr Ps Ganeshpeth, Dist Nagpur

2025-10-14Hon'Ble Mrs. Justice Vrushali V. Joshi2 pages

aba735.2025.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (ABA) NO.735/2025 (Simon S/o Errol Scott Vs. State of Maharashtra, through P.S. Ganeshpeth, Distt. Nagpur) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. Mir Rizwan Ali, Advocate for the applicant. Ms. M.A. Barabde, A.P.P. for the non-applicant/State. CORAM: MRS.VRUSHALI V. JOSHI, J.

DATED: 14.10.2025.

The applicant is apprehending arrest in Crime No.408/2024 for the offence punishable under Sections 406 and 420 read with Section 34 of the Indian Penal Code.

2.

The case of prosecution is that the applicant and father of the complainant were friends. The applicant has given an assurance of job to the First Informant and has taken the amount of Rs.13,50,000/-. 3.

The learned Advocate for the applicant has stated that there was loan transaction. He has given hand loan to the applicant and as it was not returned, he has lodged this police complaint. 4.

Learned A.P.P. has stated that the applicant has executed power of attorney in favour of father of the complainant. It appears from the record that transaction between both the parties is there. The applicant had given an assurance of job and has taken amount for many times. The receipts on record show that the amount was transferred by the applicant and the fraud is committed. The applicant is denying the execution of power of attorney. He has also denied the signatures on it.

aba735.2025.odt 5.

Considering the transactions between the parties, in my opinion, this is not a fit case to protect the applicant by granting anticipatory bail. Hence the application is rejected. (MRS.VRUSHALI V.JOSHI, J.) Tambaskar.

Signed by: MR. N.V. TAMBASKAR Designation: PS To Honourable Judge Date: 14/10/2025 18:21:50