In an anticipatory bail application under Section 438 CrPC, the court treated the earlier interim protection granted to the applicant as absolute and disposed of the petition without further inquiry.
Interim order dated 13.12.2021 made absolute; applicant to report as called.
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.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
Anticipatory Bail Application No. 2910 of 2021
... Mr Hayagrib Harekrushna Guru Applicant v/s. The State of Maharashtra … (Through Pimpri Police Station) Respondent
Mr Tarun Sharma, advocate a/w. Ms. Varsha Sharma, for the applicant.
Mr Kiran C. Shinde, APP for the State.
CORAM : SANDEEP V. MARNE, J.
DATE : 21st March 2024
P.C. :
LATA SUNIL PANJWANI
This is an application for pre-arrest bail under Section 438 of the Code of Criminal Procedure in connection with C.R. No.491 of 2021 registered with Pimpri Police Station for the offences punishable under Sections 409,406,392,384,420,418,506 Digitally signed byread with Section 34 of the Indian Penal Code. LATA SUNIL PANJWANI Date: 2024.03.22 13:24:052. The applicant is a Director of M/s. Guruji Infrastructure +0530 Pvt. Ltd. which was awarded contract by Pimpri Chinchwad Municipal Corporation for cleaning of roads and gutters in the jurisdiction of the said Municipal Corporation. It appears that for execution of the said contract M/s. Guruji Infrastructure Pvt. Ltd.
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has engaged as many as 289 contract employees. It appears that complaints were made about non-payment of full amount of wages to the contract workers who were engaged for execution of the contract. The Municipal Corporation conducted enquiry and enquiry report was submitted which revealed that some amounts were forcibly withdrawn from the bank accounts of the contract workers. Based on the report of the Municipal Corporation, first information report was lodged in Pimpri Chinchwad Police Station. Shri Swapnil Kale, Pramokumar Praful, Kartik Suryamani Tarai and Chandrakala Magar were arrested on the allegation of forcible withdrawal of amounts of Rs.4000/- from various contract workers out of the monthly wages of Rs.13,000/- deposited in their accounts. The police recovered 55 ATM cards from the said arrested accused. Since applicant is the Director of the contracting company Guruji Infrastructure Pvt. Ltd., he sought pre-arrest bail from Sessions Court which came to be turned down by order dated 16th November 2021.
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were sworn in by the concerned contract workers after they were paid their dues which are alleged to have been forcibly withdrawn from their accounts. The learned counsel would submit that payment of various amounts were made to the contract workers in presence of the municipal officials and only after receipt of their dues, the concerned workers have executed the said affidavits. The learned counsel would submit that based on the said affidavits, applicant has applied before this Court for quashing of the FIR and the proceedings.
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for investigation and shall co-operate with the investigating officer.
disposed of.
SANDEEP V. MARNE, J.
Lata Panjwani, P.S.
1 provisions across 1 enactments
Lata Sunil Panjwani
The State of Maharashtra
Sandeep V. Marne
As recorded by the court registry
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