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2021 Supreme(Bom) 440

PRAKASH D.NAIK
Rakesh Natwarlal Patel – Appellant
Versus
Ganesh Badal Mana – Respondent


Advocates appeared:
For the Applicant in Criminal Application :Mr. Ashok Kumar Dubey i/b. SAVJ Law Solutions, Advocate
For the applicant in I. A. No. 399 of 2019 :Mr. Kedar Patil, Advocate
For the applicant in I. A. No. 413 of 2019 :Mr. Vikramsing Parmar, Advocate
For the applicant in I. A. No. 449 of 2019 :Mr. Ujwal R. Agandsurve, Advocate
For Respondent No.1:Ms. Sapna Krishnappa, Advocate
For the Respondent – State: Mr. A. R. Kapadnis, APP

JUDGMENT :

1. This is an application for cancellation of anticipatory bail granted by the Sessions Court vide order dated 9th February, 2017. The application is preferred by the original complainant. The First Information Report (for short “FIR”) was lodged vide C.R. No. 13 of 2017 registered with Kandivali Police Station, Mumbai for offences under Sections 406 and 420 of Indian Penal Code (for short “IPC”).

2. The case of the complainant is that he used to provide gold for manufacturing ornaments to Chandrakant Patel who was conducting business in the name of P. B. Jewellers at Borivali. The complainant was acquainted with Sonal Makwana and Sanjay Bhadankar were working in the said factory. Ganesh Badal Mana was also working with them. P. B. Jewellors closed their business and shifted to Ahemadabad/Gujrat. Thereafter, Sonal Makwana, Sanjay Bhadankar and Ganesh Mana started the factory in the premises at Borivali. Sonal Makwana informed the complainant that she is working with Ganesh Mana (accused/respondent) and they are prepare ornaments and selling the same in the market. The complainant believed Sonal Makwana and handed over the gold for manufacturing ornaments to Ganesh Mana. On

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