Bombay High Court
Himmat Ramchandra Bhoir vs The State Of Maharashtra on 11 June, 2021
Author: Prakash D. Naik
Bench: Prakash D. Naik
(23) ABA 1283-21
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
Amk
ANTICIPATORY BAIL APPLICATION NO. 1283 OF 2021
Himmat Ramchandra Bhoir .. Applicant
Vs.
The State of Maharashtra .. Respondent
Mr. R. D. Suryawanshi for the Applicant.
Mr. A. R. Kapadnis, APP for the Respondent-State.
API Kekan, Navghar Police Station present.
CORAM : PRAKASH D. NAIK, J.
DATE : 11th JUNE, 2021.
P. C. :
1. This is an application for anticipatory bail in C.R. No. I-0222/2019
registered with Navghar Police Station for the offence under Sections
420, 465, 467 of the Indian Penal Code.
2. Learned Counsel for the applicant submits that the application for
anticipatory bail preferred by the applicant was rejected by the Sessions
Court by an order dated 10.10.2019. Whereas co-accused Vishwas
Mhatre, Gajanan Mhatre, Alka Patil and Madhuri Patil had also
preferred application for anticipatory bail before the same Court which
was allowed by an order dated 10.12.2019. In paragraph 6 of the said
order it was observed that the applicants therein had succeeded in
pointing out that the mutation entries have not been challenged by the
complainant which is sufficient to show that the dispute is of civil nature
and the remedy lies before the Civil Court. It is submitted that although
the application preferred by the applicant in 2019 was rejected, notice
under Section 41A of Cr.P.C. was received by the applicant on
16.05.2020. Learned APP submits that during the course of
investigation and in pursuance to the aforesaid orders, several
documents are collected by the Investigating Officer which disclose the
complicity of the applicant. Learned Counsel, however, disputes the
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(23) ABA 1283-21
submission. It is contended that undisputedly the mutation entries were
not challenged.
3. Considering the factual aspect, the applicant can be directed to
appear before the Investigating Officer and tender is explanation qua
the documents collected during the investigation. Hence, the order:
ORDER
(i) In the event of arrest of the applicant in connection with C. R. No. I-0222/2019 registered with Navghar Police Station, the applicant be released on bail on executing P.R. bond in the sum of Rs.25,000/- with one or two sureties in the like amount.
(ii) The applicant shall appear before the Investigating Officer on 15th, 16th and 17th June, 2021 between 11.00 a.m. to 1.00 p.m. and thereafter as and when called for till next date.
(iii) This interim protection shall be in operation till next date of hearing.
(iv) Stand over to 28.06.2021.
[PRAKASH D. NAIK, J.]
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