The High Court of Judicature at Bombay rejected an application for anticipatory bail filed by Sameer Ilahi Tamboli under Section 438 CrPC regarding offences of cheating and forgery. The court found the applicant failed to establish a prima facie case for relief.
Anticipatory bail application under Section 438 CrPC stands rejected. No costs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
916-aba-407-2021.doc
Nikita
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
ANTICIPATORY BAIL APPLICATION NO.407 OF 2021
Sameer Ilahi Tamboli … Applicant V/s. The State of Maharashtra and Anr … Respondents
NIKITA
KAILAS DARADE
Digitally signed by NIKITA KAILAS DARADE Date: 2023.08.09 17:59:48 +0530
Mr. Bhavika Shinde i/b Mr. Umesh R. Mankapure, for the Applicant.
Ms. Faiza Shaikh i/b Mr. Nandu Pawar, for Respondent No.2/informent.
Mr. Amit A. Palkar, APP for the State/Respondent No.1.
CORAM : AMIT BORKAR, J. DATED : AUGUST 9, 2023
P.C.:
The informant Vijay Ramchandra Nikam who is clerk serving with Vita Urban Co-operative Society Ltd., Vita ( Hereinafter referred to as Credit Society) lodged FIR on 04-01-2021. It is alleged that the applicant is member of credit society, where the informant is serving. The applicant borrowed Rs.2,00,000/- from the said credit society by mortgaging a plot admeasuring 120.97
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916-aba-407-2021.doc
square meters out of the area of 1.33-R. In revision survey No.457/4C situated within the limits of Vita Municipal Council and entry of the same is mutated in revenue record of the said property. It is further alleged that the applicant on 17-12-2016 executed sale deed in favour of Sagar Deelip Shendge, resident of Ped Taluka Tasgaon in respect of same plot admeasuring 120.97 which was mortgaged with the credit society. The applicant was questioned about the same time to time. However, he did not give any response. Therefore, credit society passed resolution on 30-122020 for taking action against the applicant. Accordingly, complaint applicant was made to the police Superintendent, Sangli.
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916-aba-407-2021.doc
executed a sale deed of property in favour of third party.
(AMIT BORKAR, J.)
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1 issue framed by the court
Whether anticipatory bail should be granted in connection with offences punishable under Sections 420, 406, 465, and 471 of the Indian Penal Code.
1 provisions across 1 enactments
Sameer Ilahi Tamboli
The State of Maharashtra
The State
Amit Borkar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
