Bombay High Court
Manish Nandlal Tardeja vs The State Of Maharashtra on 4 November, 2020
Author: Sandeep K. Shinde
Bench: Sandeep K. Shinde
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765-2020.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
ANT. BAIL APPLICATION NO.765 OF 2020
Dr. Manish Nandlal Tardeja ... Applicant
Vs
The State of Maharashtra ... Respondents
WITH
ANT. BAIL APPLICATION NO.768 OF 2020
Dr. Manish Nandlal Tardeja ... Applicant
Vs
The State of Maharashtra ... Respondents
...
Mr. Premlal Krishnan i/by Painindia Legal for the Applicant.
Mrs. Veera Shinde, APP for the Respondent-State.
CORAM : SANDEEP K. SHINDE J.
DATE : 4th November, 2020.
P.C. :
Heard.
2 Anticipatory Bail Application No.765 of 2020: Apprehending the arrest in connection with Crime No.162 of 2020 registered under Sections 452, 354, 504, Shivgan 1/6 ::: Uploaded on - 05/11/2020 ::: Downloaded on - 06/11/2020 01:27:51 ::: 7 &11-ABAST-
765-2020.odt 506 of the Indian Penal Code, 1860 with CBD Belapur Police Station, applicant is seeking pre-arrest bail. Complainant in this case is Seema Anil Dhomse, a senior citizen of 68 year old. Applicant is Doctor by profession and was in business of Diagnostic Equipments, in partnership; Anil Dhomse husband of the complainant was one of the partners. 3 In Anticipatory Bail Application No.768 of 2020: applicant is apprehending the arrest in connection with Crime No.225 of 2020 registered with NRI Police Station registered under Sections 406, 420, 465, 467,468 of the IPC. Herein complainant is Vishal Dhomse, son of Anil Dhomse.
4 It is alleged the applicant, being partner of M/s. Diagnostic Equipments, without authority and by forging valuable security, mortgaged the property of partnership firm; secured loan, and appropriated it for himself. Shivgan 2/6 ::: Uploaded on - 05/11/2020 ::: Downloaded on - 06/11/2020 01:27:51 :::
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765-2020.odt 5 I have perused the FIR in both the crimes. Prima- facie, dispute between the applicant and complainants centers around misappropriation of firmms property. 6 The learned Additional Public Prosecutor seeks time to verify and pointed out that in connection with Crime No.225 of 2020, applicant has not first approached the Court of Sessions. It is submitted, though the jurisdiction under Section 438 of the Code of Criminal Procedure, 1973 is concurrent. Precedents require and oblige the applicant, first, to approach the Court of Sessions and, therefore, submitted, applicant be relegated to the Court of Sessions for seeking appropriate reliefs.
7 Heard. Prima-facie, allegations in Crime No.162 of 2020 registered with CBD Belapur Police Station and Crime No.225 of 2020 registered with NRI police station are arising and centers around the misappropriation of Shivgan 3/6 ::: Uploaded on - 05/11/2020 ::: Downloaded on - 06/11/2020 01:27:51 ::: 7 &11-ABAST-
765-2020.odt partnership property. In view of this fact, though the jurisdiction under Section 438 of the Cr.P.C. is concurrent, in view of this fact, application in connection with Crime No.225 of 2020 is entertained.
8 Learned Additional Public Prosecutor seeks time to verify valuable security allegedly forged by the applicant and mode and manner of appropriating the loan to himself. Time granted.
Stand over to 2nd December, 2020 for further consideration.
9 So far as allegations of outraging the modesty (C.R.No.162 of 2020) is concerned, it may be stated that prima-facie, allegations are not probable in view of the attending circumstances, like age of the complainant, nature of relations and long standing acquaintance of the parties.
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765-2020.odt 10 In the meantime, in the event of arrest of the applicant in Crime No.162 of 2020 registered with CBD Belapur Police Station and Crime No.225 of 2020 registered with NRI Police Station, he shall be released on executing PR bond for the sum of Rs.30,000/- in each crime with one or more sureties in like sum.
11 Applicant is directed to report to the Investigating Officer in Crime No.225 of 2020 registered with NRI police Station on 7th, 10th , 24th and 27th November, 2020 between 11 a.m. to 1 noon and so far as Crime No.162 of 2020 registered with CBD Belapur Police Station, applicant shall report to the Investigating Officer as and when called. 12 Applicant shall furnish his permanent residential address and contact details to the Investigating Officer in both crimes on or before 7th November, 2020. Shivgan 5/6 ::: Uploaded on - 05/11/2020 ::: Downloaded on - 06/11/2020 01:27:51 :::
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765-2020.odt 13 The applicant shall not tamper with the evidence or attempt to infuence or contact the complainant, witnesses or any person concerned with the case 14 List both the applications on 2nd December, 2020 for further consideration.
(SANDEEP K. SHINDE, J.) Shivgan 6/6 ::: Uploaded on - 05/11/2020 ::: Downloaded on - 06/11/2020 01:27:51 :::