Disposed

Jitendra @ Jitendrasingh Attarsingh Dhakrey and Anr. v. State of Maharashtra

Bombay HC17 Oct 2024ABA/1327/2024

Case brief

AI extract

What is this about?

Applicants sought anticipatory bail in an FIR alleging they fraudulently obtained two ineligible rooms in a Wadala SRA scheme. The court granted ad-interim anticipatory bail on P.R. bonds of Rs.30,000 each, with directions to attend the police station and cooperate with investigation.

What did the court decide?

Ad-interim anticipatory bail: release on arrest on P.R. bonds of Rs.30,000 each with one or two sureties each, till 5.7.2024, subject to attendance at police station and cooperation with investigation

Jitendra @ Jitendrasingh Attarsingh Dhakrey and Anr. vs… — Cheating and Forgery | Bombay HC (2024)

¶1

: 1 : 27.ABA-1327-24.odt

¶2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

¶3

ANTICIPATORY BAIL APPLICATION NO.1327 OF 2024

¶4

Jitendra @ Jintendrasingh Attarsingh Dhakrey, &

¶5

Sarsha Jitendra @ Jitendrasingh Dhakrey …..Applicants Versus State of Maharashtra .... Respondent

¶6

Mr. Vivek Babar, Advocate i/b. Viral Babar for the Applicants.

¶7

Ms. Pallavi N. Dabholkar, APP for the Respondent-State.

¶8

CORAM : SARANG V. KOTWAL, J. DATE : 09^th MAY, 2024

¶9

P.C. :

¶10

The Applicants are seeking anticipatory bail in connection with C.R.No.125/2024 registered with R.A. Kidwai Marg Police Station, Mumbai on 18.3.2024 under

¶11

sections 177, 182, 34, 417, 420, 465, 467, 468, 471, 474 of IPC.

¶12

1 of 4

¶13

Deshmane(PS)

¶14

: 2 : 27.ABA-1327-24.odt

¶15

Heard Mr. Vivek Babar, learned counsel for the

¶16

Applicants and Ms. Pallavi Dabholkar, learned APP for the Respondent-State.

¶17

The FIR is lodged by one Vilas Bagwe. The gist of the FIR is that one SRA project was being developed by the society named Sanyukta Ekjut Co-operative Housing Society at Wadala. The gist of the allegations are that the Applicants together obtained two rooms bearing Nos.B-610 and B-1009 in that scheme. There are allegations that the Applicants were not eligible for either of these rooms. At the highest they could have obtained one room. The Committee Members of the society also helped them in obtaining those rooms.

¶18

Learned counsel for the Applicants submitted that the informant is not an aggrieved person. He was not concerned with the project but he had filed one complaint against the Applicant No.2 under Section 138 of Negotiable Instruments Act and, therefore, there was enmity between them. He has filed this FIR with malafide intentions. At the

¶19

2 of 4

¶20

: 3 : 27.ABA-1327-24.odt

¶21

first instance the Police have not taken any cognizance and, therefore, the informant had made an application before the learned Magistrate. Thereafter an order under Section 156(3) of Cr.P.C. was passed and then this FIR is lodged.

¶22

Learned counsel further submitted that the Applicants have obtained possession of only room No.B1009. The allegations in the FIR are not correct. The Applicants are residing at Vasai. The Applicant No.1 is 69 years of and the Applicant No.2 is 65 years old lady. Their custodial interrogation is not necessary.

¶23

Learned APP submitted that the Applicants be directed to attend the police station and to cooperate with the investigation.

¶24

Considering both these submissions, today the Applicants can be protected by way of ad-interim relief with directions to cooperate with the investigation.

¶25

Hence, the following order:

¶26

3 of 4

¶27

: 4 : 27.ABA-1327-24.odt

¶28

(i) In the event of their arrest in connection with C.R.No.125/2024 registered with R.A. Kidwai Marg Police Station, Mumbai, till the next date, the Applicants be released on bail on their executing P.R. bonds in the sum of Rs.30,000/- each (Rupees Thirty Thousand Only) with one or two sureties each in the like amount.

¶29

(ii) This order shall operate till 5.7.2024.

¶30

(iii) The Applicants shall attend the concerned Police Station on 21^st and 22^nd May, 2024 between 1:00 p.m. to 5:00 p.m. and thereafter as and when called. The Applicants shall cooperate with the investigation.

¶31

(iv) Stand over to 5.7.2024.

¶32

(SARANG V. KOTWAL, J.)

¶33

Digitally signed by PRADIPKUMAR PRADIPKUMARPRAKASHRAO PRAKASHRAO DESHMANE DESHMANE Date: 2024.05.10 12:16:37 +0530

¶34

4 of 4

Jitendra @ Jitendrasingh Attarsingh Dhakrey and Anr. v. State of Maharashtra

Case brief

What is this about?

What did the court decide?

Jitendra @ Jitendrasingh Attarsingh Dhakrey and Anr. 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

Statutes considered

Parties & counsel

Coram

Case details

All orders in this case

Similar cases

Bhivaji @ Bhikaji Nagnath Vavre vs State of Maharashtra

Gulshan Kumar Sharma and Ors. vs State of Maharashtra

Abhishek Tukaram Bajgire vs the State of Maharashtra

Suresh K. Shah and Ors. vs the State of Maharashtra and Ors.

Mohanan Bhaskar Nair vs the State of Maharashtra

The Executive Engineer, Nira Deoghar Irrigation Project, Pune vs Babu Bapu More(Deceased)Thr Lrs. 1.1) Gulab Babu More and Ors.