Allowed

Dheeraj Chandrakant Shitole v. State of Maharashtra

Bombay HC20 Dec 2022ABA/3535/2022

Case brief

AI extract

What is this about?

Single-judge High Court allowed anticipatory bail to the applicant apprehending arrest for offences underSections 406, 504, and 506 IPC. The court found the dispute between parties prima facie to be of a civil nature regarding gold ornaments and a loan.

What did the court decide?

Anticipatory bail granted; applicant to be released on bail by furnishing P.R. Bond of Rs.25,000/- with one surety in like amount.

Dheeraj Chandrakant Shitole Vs State of Maharashtra — Cheating and Forgery | Bombay HC (2022)

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907-ABA-3535-2022.odt

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

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ANTICIPATORY BAIL APPLICATION NO. 3535 OF 2022

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… Dheeraj Chandrakant Shitole Applicant Versus State of Maharashtra … Respondent

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Mr. Shekhar Jagtap instructed by Mr. Akash Pandey for the Applicant. Ms. Rutuja Ambekar, APP for the State.

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API Mukund Palave, Baramati City Police Station, present.

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CORAM : N.R. BORKAR, J. DATED : 20 DECEMBER 2022

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P.C. :-

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. This is an application filed under Section 438 of the Code of Criminal Procedure, 1973 for anticipatory bail.

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The applicant is apprehending his arrest in Crime No.517 of 2022 registered at Baramati City Police Station, for the offences punishable under Sections 406, 504, 506 of Indian Penal Code.

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I have heard the learned Counsel for the applicant and the learned APP for the State.

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According to the complainant, the present applicant is brother

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Kanchan P Dhuri

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907-ABA-3535-2022.odt

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of her friend. In December 2020, the applicant came to her house and told her that he is in need of money for his marriage. He requested her to give him, her gold ornaments to enable him to avail loan by pledging the said ornaments and assured her that he would repay the loan immediately after his marriage and would return her ornaments. According to the complainant believing upon the words of the applicant, she handed over to him gold ornaments worth Rs. 4,60,000/-. According to the complainant, when she requested the applicant to return her gold ornaments, he threatened her to kill.

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During the course of investigation, the applicant had handed over certain documents to the Investigating Officer in relation to financial transaction between him and the complainant. As there was no reference of the said financial transaction in the FIR, a supplementary statement of the complainant came to be recorded. According to her supplementary statement, she received the amount of Rs. 40,000/- from the applicant towards the installment of loan, which the applicant had obtained a loan in the name of her husband.

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Prima facie, dispute appears to be of a civil nature. Considering the facts and circumstances of the case, I am inclined to grant anticipatory bail to the present applicant. In the result, the following order is passed :

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(i) Application is allowed.

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(ii) In the event of arrest of the applicant - Dheeraj Chandrakant

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Kanchan P Dhuri

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907-ABA-3535-2022.odt

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Shitole in Crime No.517 of 2022 registered at Baramati City Police Station, for the offences punishable under Sections 406, 504, 506 of Indian Penal Code, he shall be released on bail on furnishing P.R. Bond in the sum of Rs.25,000/- with one or more sureties in the like amount.

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(iii) The applicant shall attend the concerned police station as and when called and shall co-operate in the investigation.

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( N.R. BORKAR, J. )

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Kanchan P Dhuri

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Dheeraj Chandrakant Shitole v. State of Maharashtra

Case brief

What is this about?

What did the court decide?

Dheeraj Chandrakant Shitole v. State of Maharashtra

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

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