NITIN NAMDEO BOMBALE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Apprehending arrest in connection with C.R. No.196 of 2022 registered with Faraskhana Police Station, Pune City for offences pounishable under Sec. 406, 420, 506 read with Sec. 34 of the Indian Penal Code, 1860, the applicants are seeking relief of pre-arrest bail under Sec. 438 of the Criminal Procedure Code, 1973.

(2.) According to prosecution, accused no.1 is relative of applicant in the business of gold. In June 2021 accused no.1 bought 22 and 18 carat gold from Shrinath Krupa Assessers Refinery where the complainant had refined and handed over 24 carat gold. There were transactions between the applicant and acsused No.1. Accused No.2 is the manager of accused No.1. Accused No.3 is the employee of accused No.1. According to the complainant, on 17/12/2021 complainant handed over 1 kilo 350 gram of 24 carat gold to all three accused as they were in need of said gold for a period of 24 hours and thereafter they refused to hand over the gold. Hence, the informant lodged report against all accused.

(3.) The applicants, therefore, filed application under Sec. 438 of the Criminal Procedure Code, 1973 seeking pre-arrest bail which was rejected by the learned Sessions Judge by order dtd. 24/2/2023. Aggrieved thereby, the applicants filed present anticipatory bail application.