Advocates:
['GANGAKHEDKAR SHAILENDRA S', 'COPY SERVED ON PP', '', 'ADV SS RATHI']

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD

CRIMINAL APPLICATION NO.5447 OF 2011

Nitin s/o Bhagchand Talreja

Applicant

Versus

The State of Maharashtra

Respondent

Mr.M.S.Deshmukh, advocate holding for Mr.S.S.Gangakhedkar, advocate

for the applicant.

Mr.S.S.Rathi, advocate for original complainant.

Mr,R.S.Phatke, A.P.P. for Respondent-State.

CORAM : R.M.BORDE, J.

DATE : 20

th January, 2012.

PER COURT:

1

This is an application preferred by the applicant, who has

been arrested in connection with Crime No.184/2011, registered on

27.09.2011, at Nanal Peth Police Station, Parbhani, for the offences

punishable under Sections 394, 294, 427, 327, 506, 504 of the Indian

Penal Code, for his release on bail.

2

There was some dispute on account of exhibition of film and

it is alleged that on the given date i.e. on 27.09.2011, the accused-

applicant along with his companions had been to the theatre of the

complainant and asked him as to why he has exhibited the film and also

said to have abused and beat him. It is also alleged that accused-

applicant along with his companions taken away sum of Rs.3000/- and

three blank cheques of State Bank of Hyderabad. The informant was

also made to sign one cheque for an amount of Rs.2,85,000/-. The

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applicant is also said to have taken away two reels of the film while

leaving the place.

3

It is stated that earlier application presented by the

applicants seeking protection from arrest has been turned down and he

surrendered to the police on 01.12.2011.

4

Shri Phatke, learned A.P.P., states that while the applicant

was in custody, two reels of the film, amount of Rs.3000/- and three

blank cheques were recovered from him.

5

It is the contention of the applicant that instant complaint

is filed because of the reason that one of the accused along with two

other plaintiffs presented a suit claiming specific performance of contract

against the father-in-law of the complainant on the same day. It is also

contended that the applicant holds a money lending license and has

advanced sum of Rs.14,00,000/- to the informant. The amount

advanced to the informant has been shown in the income tax returns

presented by the applicant for the year 2009-2010. According to the

applicant, amount to the tune of few lacs is recoverable from the

informant and to avoid the liability, he has filed false complaint.

6

It appears, on perusal of the papers placed on record,

namely copy of money lending licence, it appears that the applicant is a

licensed money lender and there appears to be some financial dealing

between the applicant and informant. The income tax returns filed by

applicant also reveals that applicant owes a sum of Rs.14,00,000/- from

informant. Considering this aspect of the matter and considering the

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fact that applicant has surrendered to the police on 01.12.2011 and is

lodged in Magisterial custody, continued custody of the applicant is not

warranted. Investigation in the crime is almost over. The applicant,

therefore, can be directed to be released on bail on imposing certain

conditions.

7

The application is, thus, allowed. The applicant, arrested

in connection with Crime No.184/2011, registered at Nanal Peth Police

Station, Parbhani, be released on bail on his furnishing P.R. Bond of Rs.

50,000/- (Rs.Fifty thousand) with one surety for the like amount. The

applicant shall report to Nanal Peth Police Station, Parbhani on every

Sunday between 10.30 a.m. to 4.30 p.m. till presentation of the charge

sheet.