High CourtsSingle Bench(2021) 07 BOM CK 0005

Balu Baban Daphal & Anr vs State Of Maharashtra

Bombay High Court · Decided on 22 July 2021

HON’BLE JUDGES
Nitin W. Sambre, J
CASE NUMBER
Anticipatory Bail Application No.873 Of 2019

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Judgment

16 paragraphs · 336 words

Nitin W. Sambre, J

1.

The submissions of Mr. Joshi, learned counsel appearing for the Applicants are that Crime No. 276 of 2016 punishable under Sections 420, 464,

468, 471 read with 34 of Indian Penal Code was registered at the behest of Mr. Dattatray Bhimaji Golande against the accused Sachin Patil on the

similar allegations as that of made in the present crime I..e Crime No. 113 of 2019 punishable under Sections 420, 406, 467, 468, 471 read with 34 of

Indian Penal Code. He would also invite attention of this Court to the F.I.R. in Crime No. 6 of 2019 punishable under Sections 420, 406, 467, 468, 471

read with 34 of Indian Penal Code against Dattatray Bhimaji Golande and Others, who is complainant in Crime No. 276 of 2016 referred above.

2.

Mr. Joshi would urge that the Crime No. 6 of 2019 was registered on 8th January, 2019, Crime No. 276 of 2016 was registered on 13th June, 2016,

whereas the crime in which the Applicant is seeking bail was in point of time i.e. 23 rd March, 2019. He would claim that the applicants are shown as

witnesses in Crime No. 6 of 2019 and also in Crime No. 276 of 2016 and this is by way of after thought, the complainant Santosh Bhagat, who is

nephew of accused- Sunil Daphal has lodged present false complaint. He would claim that but for the allegations of cash amount being transferred,

there is no iota of evidence to connect the applicant in the Crime in question. According to him, the applicant, so as to show bonafides have already

deposited an amount of Rs.3,00,000/-(Rs.1,50,000/- each), that being so custodial interrogation of the applicant is not required.

3.

Learned APP seeks time to take instructions. Stand over to 28th July, 2021. Balu Baban Daphal And Anr vs The State Of Maharashtra on 22 July,

2021

4.

Investigating officer to remain present alongwith relevant papers and information.

5.

Interim relief to continue till the adjourned date.