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2009 Supreme(Bom) 1132

V.R.KINGAONKAR
Manoj Prabhakar Lohar – Appellant
Versus
State of Maharashtra – Respondent


Advocates appeared:
For the Applicants:R.M. Agrawal, R.S. Deshmukh, and S.A. Vaidya, Nirmalkumar Suryawanshi, holding for Vinod Patil, Advocates. For the Respondent:
N.B. Khandare, Public Prosecutor assisted by R.B. Raghuwanshi, N.B. Khandare, Public Prosecutor assisted by R.B. Raghuwanshi, Advocates.

JUDGMENT :

ORAL JUDGMENT:

1. These are applications filed U/s 438 of the Cr.P.C. seeking directions that in the event of arrest, the applicants may be released on bail.

2. The incident giving rise to the applications is said to have occurred between 30.6.2009 and 1.7.2009. It appears that one Purshottam Patel, a contractor, had lodged a report against Dr.Uttam Dhana Mahajan, pertaining to alleged defrauding in respect of certain amounts which were payable to him. It was alleged by said complainant Purshottam that he was duped and cheated by said Dr. Uttam Mahajan. In pursuance to the said complaint, applicant No.1 Manoj, who was then the Additional Superintendent of Police at Chalisgaon, called Dr. Uttam Mahajan, in his office around 10/10-30 a.m. on 30.6.2009. The applicant Manoj deputed PSI Nimbalkar to call said Dr. Uttam Mahajan. Allegedly, Dr. Uttam Mahajan is member of Congress Party and was about to proceed to attend some rally or function at Nasik along with some other co-workers. He was taken on motor cycle by PSI Nimbalkar to the office of applicant Manoj. The applicant Manoj confronted him with the complaint application of Purshottam Patel and told him that some inquiry






































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