APPLN/4707/2008 of JAIRAJ NARAYANJI VYAS Vs STATE OF MAHARASHTRA on 31 December 2008

1. Not on board. Mentioned.2.This application is for grant of anticipatorybail. The notice of the application is served upon therespondent. Heard both the learned Advocates. Theapplicant is accused of the offence punishable underSection 420 r/w 34 of the Indian Penal Code of havingdeceived one Dhanraj Unecha. The daughter of DhanrajUnecha was engaged to marry the nephew of the applicant,one Nachiket. It appears that after the engagement,Dhanraj learnt that Nachiket was already married.Therefore, he filed a complaint against Nachiket, hisparents, applicant herein and many others for knowinglyentering into talks with the complainant for marriage of his daughter and thereby putting the complainant to loss.The applicant had filed an application for anticipatorybail before Sessions Court, Pune which was rejected bythe order dated 26[th] December,2008.

3. Considering the facts of the case, it isdifficult to accept that the facts make out case underSection 420 of Indian Penal Code. Hence, the applicantis entitled to anticipatory bail in C.R. No.584 of 2008of Pimpri (Pune) Police Station under Section 420 r/w 34of Indian Penal Code. In the event of his arrest in thecase, the applicant be released on executing P.R. Bond ofRs.5,000/-. At the request of learned APP, it is directedthat the applicant to attend Pimpri Police Station on 6[th]January 2009 during 10 to 11 am.

4. On the request of the learned counsel for theapplicant, it is directed that copy of this order dulyauthenticated by the P.A. be furnished to him.

(SMT.R.P. SONDURBALDOTA,J)