Order below Exh.01 in Cri.B.A.No.1078/2022
CNR No.MHNS010046672022

(Pawandeep Amriksing Sandhu vs. State)

The applicant has preferred this application for anticipatory bail praying therein that he may be released on bail in the event of arrest in connection with Cr.No.I­399/2022 registered with Ambad P. S. for the offence pun. U/s. 406 r/w 34 of IPC on the basis of FIR lodged by Rahul Sudhakar Pingale.

2.Bail application is filed on the ground that the applicant is innocent and has been falsely implicated in the case. That the applicant has no concern with the crime. The offence under Sec.406 r/w 34 of IPC is not attracted. The dispute is of civil nature. There is no transaction in between the informant and applicant. The applicant has no concern with dispute cheque. Nothing is to be recovered or discovered at the instance of applicant. The applicant is permanent resident of Nashik. He will not tamper with prosecution evidence or pressurize witnesses. He will co­operate with investigation. He is ready to abide by terms and conditions if any imposed by the Court. On these main grounds and others have prayed for bail.

3.Notice was issued to State. State appeared through Ld. APP Mr. Kotwal and filed say resisting for grant of application on the grounds that the applicant is relative of prime accused Hemant Gosavi and Rahul Sangle. The accused had cheated informant by handing over disputed cheque. The informant has not got his Mahindra Pik­up vehicle. That the accused is helping in commission of the crime. He will not co­operate in investigation. On these main grounds and others have prayed for rejection of the bail application.

4. Heard Ld. Advocate Mr.Javed Shaikh for applicant. Perused bail application. Heard Ld. APP Mr.Kotwal. Perused police papers and say filed by Ambad police station.

5.On perusal of FIR as well as case papers, it is apparent that the informant is the owner of Mahindra Pik­up vehicle. He entered into contract with Hemant Gosavi and Rahul Sangle to provide his vehicle on hire basis for amount of Rs.24,000/­ p.m. The FIR further suggests that Hemant Gosavi and Rahul Sangle pledged the vehicle with Amol Andhale of Nagar and did not return the vehicle. Thereafter, the present applicant mediated and towards settlement of the hire fee, issued cheque of Rs.2 lacs, which on its presentation, was dishonoured as the account was closed. It can be gathered that the present applicant has acted as a mediator between the dispute. He has nothing to do with the Mahindra Pik­up vehicle.

Nothing is to be recovered or discovered at his instance. The only allegations is faced by him is that cheque was given to protract the matter. This allegation will not warrant custodial interrogation of the applicant. Hence, the discretion can be exercised in favour of the applicant on certain terms and conditions. Hence, I proceed to pass following order :

ORDER

(1). Application is allowed.

(2). In the event of arrest of the applicant Pawandeep Amriksing Sandhu in connection with Cr.No.I­399/2022 registered with Ambad P. S. for the offence pun. U/s. 406 r/w 34 of IPC on the basis of FIR lodged by Rahul Sudhakar Pingale, the above named applicant be released on bail, on furnishing a PR and SB of Rs.15,000/­ ( Rupees Fifteen Thousand only), with one surety of like amount on following conditions.

(a). He shall attend concern Police Station on every Monday between 11.00 a.m. to 1.00 p.m. till filing of the charge sheet.

(b). He shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case, so as to dissuade them from disclosing such facts to the Court or to any police officer.

(c). Violation of any of the above mentioned condition, would result in cancellation of bail.

(3).Inform concerned police station accordingly.

VARDHAN Digitally signed by VARDHAN PRATAPRAO PRATAPRAO DESAI DESAI Date: 2022.09.12 17:50:24 +0530 Nashik. ( V. P. Desai) Date : 12.09.2022 Additional Sessions Judge, Nashik.