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Bombay High Court

Vitthal Raghoji Warang vs The State Of Maharashtra And Anr on 15 November, 2021

Author: Nitin W. Sambre

Bench: Nitin W. Sambre

                       Dusane                               1/3          11 ABA 2673.21 with IA 2741.21.doc


                                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                             CRIMINAL APPELLATE JURISDICTION

BHALCHANDRA
GOPAL DUSANE
                                     ANTICIPATORY BAIL APPLICATION NO.2673 OF 2021
 Digitally signed by
 BHALCHANDRA
 GOPAL DUSANE
 Date: 2021.11.16
 10:03:56 +0530


                            Mr. Dilip Rajaram Sawant              ....         Applicant
                                  Vs.

                            The State of Maharashtra              ....       Respondent

                                                             WITH
                                           INTERIM APPLICATION NO. 2741 OF 2021


                            Vitthal Raghoji Warang                ....         Intervenor

                                    In the matter between

                            Mr. Dilip Rajaram Sawant              ....         Applicant
                                  Vs.
                            The State of Maharashtra              ....       Respondent


                            Mr. R.B. Raorane a/w Jagdish Shinghade for Applicant.
                            Ms. A.A. Takalkar, APP for State of Maharashtra.
                            Mr. Viral Rathod i/by Nemeel Mehta for Intervenor.

                            API, M.R. Holkar, Vartak Nagar Police Station.


                                                     Coram : NITIN W. SAMBRE, J.

Date : 15TH NOVEMBER, 2021 P.C.:

Dusane 2/3 11 ABA 2673.21 with IA 2741.21.doc
1. The applicant is seeking pre-arrest bail in Crime no. 280 of 2021, registered with Vartak Nagar Police Station, Thane City, for the offence punishable under Sections 420 and 406 of the Indian Penal Code.
2. The applicant appears to have received an amount of around Rs.12,64,000/- from time to time from the complainant and for refund of which he has issued promissory note in March, 2018 so also, an affidavit on 14th October, 2014.
3. In that view of the matter, contention of the applicant that claim is time barred is without any basis. Rather record depicts that the applicant, from time to time has promised the complainant about refund of the amount and tenement that was assured to be provided after receiving part consideration.
4. Counsel for the applicant seeks time till Monday to deposit aforesaid amount. ABA is adjourned to 22 nd November, 2021, by way of last chance.

Dusane 3/3 11 ABA 2673.21 with IA 2741.21.doc

5. Interim Application stands allowed and disposed of.

( NITIN W. SAMBRE, J. )