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Bombay High CourtABA/3535/2025allowed

Santoshrani Premchand Mehra And ANR v. State Of Maharashtra And ANR

2025-12-23Hon'Ble Shri Justice N. R. Borkar2 pages

1 913-ABA 3535-25.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.3535 OF 2025

1. Santoshrani Premchand Mehra

2. Arun Mehra

3. Roma Arun Mehra ... Applicants V/s.

State of Maharashtra & Ors.

... Respondents ----- Mr. Ramiz Shaikh a/w Rahul Jain & Suraj Pardeshi for the Applicants. Mr. B. V. Holambe Patil, APP for the Respondent-State. ----- CORAM :

N.R. BORKAR, J.

DATE :

23RD DECEMBER 2025 P.C. :

Digitally signed by MUGDHA MANOJ PARANJAPE Date:

2025.12.23 19:17:55 +0530 MUGDHA MANOJ PARANJAPE 1.

Learned Counsel for the Applicants seeks leave to delete Applicant No.4 from the array of the parties. Leave as sought for is granted. Necessary amendment shall be carried out forthwith. 2.

This is an Application for transit anticipatory bail. 3.

Applicant Nos.1 to 3 are apprehending their arrest in Crime No.11210005251603 of 2025 registered with Athwa Lane Police Station, Surat in the State of Gujarat for the offences punishable under Sections 318(4), 352, 351(3) and 61 of the Bharatiya Nyaya Sanhita, 2023. 4.

Learned Counsel for the Applicants submits that the Applicant Nos.1 to 3 are senior citizens. It is submitted that the FIR arises out of nonpayment of money towards purchase of certain medical equipments by the Mugdha

2 913-ABA 3535-25.doc hospital, with which the Applicant Nos.1 and 3 have no connection. It is submitted that the dispute, if any, between the parties is of civil in nature. It is submitted that to enable Applicant Nos.1 to 3 to approach the jurisdictional court for appropriate reliefs, they be protected from arrest for a period of three weeks.

5.

I have perused the FIR. The allegations are in relation to nonpayment of money towards purchase of medical equipments. Applicant Nos.1 to 3 are senior citizens. Considering the overall facts and circumstances, I am inclined to protect Applicant Nos.1 to 3 from arrest for a period of three weeks to enable them to approach the jurisdictional court for appropriate reliefs. Hence, the following order is passed :-

ORDER

i.

The Application is allowed.

ii.

In the event of the arrest of Applicant Nos.1 to 3 in Crime No.11210005251603 of 2025 registered with Athwa Lanes Police Station, Surat in the State of Gujarat for the offences punishable under Sections 318(4), 352, 351(3) and 61 of the Bharatiya Nyaya Sanhita, 2023, they shall be released on bail on furnishing a PR Bond in the sum of Rs.25,000/- (Rupees Twenty Five Thousand Only) each with one or two sureties in the like amount for a period of three weeks. 6.

The Application is disposed of in the aforesaid terms. (N.R. BORKAR, J.) Mugdha