Manoj Popatbhai Kheni v. State Of Maharashtra
SMITA JOHNSON GONSALVES JOHNSON GONSALVES Date: 2025.07.26 01:28:21 +0530
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION Anticipatory Bail Application No.2065 of 2025 Manoj Popatbhai Kheni Age: 41 years, Occ: Business, Having address at 31, Sattadhar Society, 3rd Floor, Near Hekunj Society, Sadhbhavan School, Matawadi, Surat, Gujarat ... Applicant versus The State of Maharashtra Through Public Prosecutor, High Court, Criminal Appellate Jurisdiction, High Court, Bombay.
... Respondent ---- Mr Ashokkumar Dubey, i/b. Savj Law Solutions, for the applicant.
Mr Anand Shalgaonkar, APP, for the respondent/State. API Jayashri R Anawane, Bhiwandi Town Police Station, is present.
---- Coram: R.N. Laddha, J.
Date: 25 July 2025.
P.C.:
.
By this application, the applicant seeks pre-arrest bail in connection with CR No.366 of 2024, registered with Bhiwandi City Police Station, Thane, for the offences punishable under
Sections 420, 406, 504, 506 read with 34 of the Indian Penal Code.
2.
The learned Counsel appearing on behalf of the applicant, submits that the alleged business transactions, which formed the basis of the present allegations, occurred between 7 October 2016 and 23 June 2017. There has been an inordinate and unexplained delay in the registration of the present FIR, which casts serious doubt on the bona fides of the complaint. The dispute, as outlined in the FIR, appears to have arisen solely from commercial dealing between the applicant and the informant, and not from any criminal intent or conduct. Furthermore, the learned Counsel argues that the essential ingredients necessary to attract the penal provisions cited in the FIR are conspicuously absent in the present case, and as such, no prima facie offence is made out against the applicant under the alleged sections.
3.
The learned Additional Public Prosecutor representing the respondent/State, fairly concedes that the investigation in the present matter has been completed and the charge-sheet has already been filed before the competent Court. He further concedes that there remains no necessity for any recovery or discovery from the applicant. Moreover, upon receiving
instructions from the Investigating Officer present in the Court, the learned APP submits that the prosecution does not seek custodial interrogation of the applicant, in light of the conclusion of the investigation.
In light of the above, the application stands allowed on the following terms :
(i) In the event of the applicant's arrest in connection with CR No.366 of 2024, registered at Bhiwandi City Police Station, Thane, he shall be released on bail upon executing a PR Bond of Rs.25,000/- and furnishing one or more sureties in the like amount.
ii) The applicant shall attend the trial proceedings regularly and cooperate with the trial Court for expeditious disposal of this case.
4.
The application stands disposed of accordingly. (R.N. Laddha, J.)