Vikrant Pravin Wadhwa v. The State Of Maharashtra

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.983 OF 2020 Vikrant Pravin Wadhwa .... Applicant

Versus

The State of Maharashtra .... Respondent ______ Mr. Vikram R. Sutaria, Advocate for the Applicant. Ms. Pallavi N. Dabholkar, APP for State/Respondent. ______ CORAM : SARANG V. KOTWAL, J.

DATE : 22nd DECEMBER, 2020.

P.C. :

1.

The Applicant is seeking anticipatory bail in connection with C.R.No.99/2013 dated 23.5.2013 registered at Azad Maidan Police Station, Mumbai under Sections 408, 420 read with 120-B of Indian Penal Code. At present, the offence is being investigated by E.O.W., Mumbai by registering their C.R. No.43/2013. 2.

The gist of the FIR is that the Applicant was working with M/s. Ashapura Minechem Limited since 2008. It is alleged in the FIR that the Applicant contacted the clients of the company Deshmane(PS)

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surreptitiously and obtained commission on such transactions. This FIR was lodged in the year 2013.

3.

Heard Shri Vikram Sutaria, learned Counsel for the Applicant and Ms. Pallavi Dabholkar, learned APP for the State. 4.

Learned Counsel for the Applicant submitted that since the Applicant left the company, they started harassing him. His passport was forcibly taken away and, therefore, he had lodged a complaint against the officers of the company. Therefore, as a counter-blast, this complaint is lodged against him. 5.

He submitted that the FIR is lodged in the year 2013, and though he was available for seven years, the investigating agency did not choose to make any effort to arrest him. 6.

Learned A.P.P., on instructions, states that their purpose will be served if the Applicant is directed to attend the office of the investigating agency and is further directed to cooperate with the investigation. She states that the Applicant' s custody for the investigation purpose is strictly not necessary. 7.

Accepting the statements of learned A.P.P, the following order is passed:

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O R D E R

(i) In the event of his arrest in connection with C.R. No.43/2013 registered with E.O.W., Mumbai (earlier C.R. No.99/2013 registered with Azad Maidan Police Station, Mumbai), the Applicant is directed to be released on bail on his furnishing PR bond in the sum of Rs.25,000/- (Rupees Twenty Five Thousand Only) with one or two sureties in the like amount.

(ii) The Applicant shall attend the office of the investigating agency on 5th, 6th, 7th and 8th January, 2021 between 1:00 p.m. to 4:00 p.m.

and shall cooperate with the investigation.

(iii) Anticipatory Bail Application stands disposed of Digitally signed by Pradeepkumar P. Deshmane Date:

2020.12.23 16:20:17 +0530 Pradeepkumar P. Deshmane accordingly.

(SARANG V. KOTWAL, J.) Deshmane (PS)