IN THE COURT OF SESSIONS FOR GREATER MUMBAI AT MUMBAI ANTICIPATORY BAIL APPLICATION NO. 2827 OF 2022
Mr. Neil Parekh ]
Age : 37 years, Occ.: Business, ]
R/at : 302, Jayant Heritage, D.B. Marg, ]
Kotachi Wadi, Mumbai – 400004. ]…Applicant/accused
Vs.
The State of Maharashtra (Through D.B. Marg police station) ] Respondent
Appearances :
Ms. Prashant Pawar, Ld. Advocate for the Applicant.
Ms. Jytsana Gawali, Ld. SPP for the Respondent/State.
CORAM : H. H. THE ADDL. SESSIONS JUDGE, SHRI A.A. KULKARNI (C.R. NO.24) DATED : 23RD DECEMBER, 2022
( O R A L O R D E R ) (Dictated and pronounced in the open Court)
This is an application under Section 438 of Cr. P.C. for anticipatory bail. Heard Ld. Advocate for applicant and Ld. APP for the State. Perused the application, say and documents on record.
2. Ld. Advocate for the applicant submitted that applicant is doing business of jewelery. One Abhi Javeri filed complaint before D.B. Marg police station. On the basis of complaint, PSI Swapnil Gole of D.B. Marg police station sent letter to applicant on 15.11.2022 and called him to remain present before him for the purpose of investigation. Therefore, applicant is having apprehension of his arrest by police. It is further contended that transaction between applicant and complainant is of civil nature. If the applicant is arrested, he will suffer unnecessary harassment. Hence, prayed for grant of anticipatory bail in the event of his arrest.
3.PSI Swapnil Gole attached to D.B. Marg police station filed reply and stated that during inquiry of the complaint filed by complainant, it revealed that transaction is of civil nature. Hence, complaint filed by complainant is disposed of by giving directions to seek remedy as matter pertains to civil nature. Hence, no offence is registered against applicant.
4.In view of submissions from both sides and particular submission of investigating officer that no offence is registered and complaint filed by complainant is disposed of without taking any cognizance as pertains to civil nature. Hence no apprehension appears to applicant of his arrest. Therefore, application is liable to be rejected.
Hence, I pass the following order :
ORDER
Anticipatory Bail Application No.2827 of 2022 is rejected and disposed of accordingly.
Digitally signed by AJAY ANIL AJAY ANIL KULKARNI KULKARNI Date: 2022.12.23 15:36:14 +0530 Date : 23.12.2022 [A.A. KULKARNI] ADDITIONAL SESSIONS JUDGE GREATER MUMBAI Dictated on : 23.12.2022 Transcribed on : 23.12.2022 HHJ signed on : 23.12.2022 “CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED JUDGMENT/ORDER.” Upload Date Upload Time Name of Stenographer 23.12.2022 3.30 p.m. PRAJWALA V. PHODKAR Name of the Judge (With HHJ SHRI. A.A. KULKARNI (CR 24) Court Room No.) Date of Pronouncement of 23.12.2022 JUDGMENT /ORDER JUDGMENT /ORDER signed by 23.12.2022 P.O. on JUDGMENT /ORDER uploaded 23.12.2022 on