High CourtsSingle Bench(2021) 05 BOM CK 0025

Ajay S/O Nathuram Sharma & Ors. vs State Of Maharashtra

Bombay High Court · Decided on 28 May 2021

HON’BLE JUDGES
Pushpa V. Ganediwala, J
CASE NUMBER
Criminal Application (Aba) No. 332 Of 2021

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Judgment

21 paragraphs · 369 words

Pushpa V. Ganediwala, J

1.

Hearing was conducted through video conferencing, and the learned counsel for the parties agreed that the audio and visual quality was proper.

2] Apprehending arrest by the applicants in Crime No. 63/2021 dated 15/04/2021 registered at Bajaj Nagar Police Station, District Nagpur for the

offences punishable under Sections 406, 468 and 471 read with Section 34 of the Indian Penal Code, present application has been filed.

3] I have perused the application and the First Information Report with the assistance of learned counsel for the applicants.

4] The case appears to be of breach of business agreement (memorandum of understanding) between the applicants and the informant. Both the

parties have allegations and counter allegations.

5] It is alleged that the applicants have sold out the scrap material by falsely misrepresenting that scrap material was kept in the storage on the pretext

that there was no prospective buyer at the relevant time, and thereby wrongfully gained themselves.

6] At this stage, considering the nature of allegations levelled against the applicants, this Court is of the opinion that the case for grant of interim

protection is made out by the applicants.

7] Hence, issue notice to the respondent, returnable on 18/06/2021.

8] Shri H.D. Dubey, learned A.P.P., waives notice for the respondent.

9] In the meanwhile, in the event of arrest of the applicants i) Ajay s/o Nathuram Sharma ii) Ravi s/o Nathuram Sharma & iii) Girish Narayanbhai

Rathod in Crime No. 63/2021 registered at Bajaj Nagar Police Station, District Nagpur for the offences punishable under Sections 406, 468 and 471

read with Section 34 of the Indian Penal Code, they shall be released on furnishing PR bond in the sum of Rs.50,000/- (rupees fifty thousand) each

with one or two surety bonds each in the like amount.

10] The applicants shall co-operate during the investigation and make themselves available as and when called by the Investigating Officer.

11] The applicants shall not, in any manner, tamper with the evidences.

12] The applicants shall not leave the country without prior permission of the trial Court.

13] The applicants shall attend the concerned Police Station on every Tuesday between 10:00 am to 2:00 pm, until further orders.