Bombay High Court
Gaurav Subhash Desai vs The State Of Maharashtra on 16 October, 2023
Author: N. J. Jamadar
Bench: N. J. Jamadar
2023:BHC-AS:31069
59-ABA-2508-23.DOC
Sayali Upasani
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
ANTICIPATORY BAIL APPLICATION NO. 2508 OF 2023
Gaurav Subhash Desai ...Applicant
Vs.
The State of Maharashtra ...Respondent
Mr. Pramod Kumbhar, for Applicant.
Mr. A. A. Takalkar, APP for State.
CORAM:- N. J. JAMADAR, J.
DATED:- 16th OCTOBER, 2023
PC:-
1) Heard the learned Counsel for the parties.
2) This is an application for pre-arrest bail in connection with
CR No. 8 of 2021, registered with MIDC Police Station, Mumbai,
for the offences punishable under Sections 420, 465, 467, 468
and 471 of Indian Penal Code, 1860 ("the Penal Code").
3) When the application was listed before the Court on 5 th
September, 2023, this Court was persuaded to grant interim bail
observing, inter alia, as under:-
1/3
59-ABA-2508-23.DOC
"3. The indictment against the applicant is that the
applicant and the co-accused induced the applicant
to part with a sum of Rs.17,00,000/-by making a false
representation that the first informant would be
deprived of a room in a rehabilitation scheme. The
applicant and the co-accused allegedly delivered false
and forged documents to induce the applicant to part
with money.
4. I have perused the allegations in the FIR. It prima
facie appears that the allegations are primarily
against one Nitin Pawar, to whom the first informant
claims to have paid the amount. The applicant was
allegedly present when the first informant paid money
to the said Nitin Pawar. The applicant was also stated
to be a witness to be MOU executed between the first
informant and Nitin. However, the role of deceiving
the first informant and preparing or using the forged
documents does not seem to be have been, prima
facie, attributed to the applicant."
4) The learned Counsel for the applicant submits that
pursuant to the aforesaid order, the applicant has appeared
before the Investigating Officer.
5) Having regard to the nature of the accusation and the
reasons which weighed with this Court while granting interim
bail, I am inclined to make the order of interim bail absolute.
6) Hence, the following order.
ORDER
I) The order of interim bail dated 5 th September, 2023 is made absolute on the terms and conditions incorporated therein.
II) The applicant shall henceforth appear before the Investigating Officer as and when directed. 2/3
59-ABA-2508-23.DOC III) The applicant shall regularly attend the proceedings before the jurisdictional Court. IV) The application stands disposed.
[N. J. JAMADAR, J.] 3/3 Signed by: Sayali D Upasani Designation: PA To Honourable Judge Date: 18/10/2023 11:08:45