Sahil Irfan Nachan vs The State Of Maharashtra
2021 Latest Caselaw 11821 Bom

                                              19.ABA-1935-2021 .doc




         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                   CRIMINAL APPELLATE JURISDICTION

                Anticipatory Bail Application No. 1935 / 2021

Sahil Irfan Nachan                                          .. Applicant
             Versus.
The State of Maharashtra                                    .. Respondent


                                   ****
Mr. Pol i/by Pol Legal Juris, Advocate for the Applicant.
Ms. P.P. Shinde, APP for State.
                                    ****
                                CORAM       : SANDEEP K. SHINDE J.
                                 DATE       : 25th AUGUST, 2021.

Per Court : -
      Heard.

1.    In 2013, HDFC Bank sanctioned car loan of Rs. 22 Lacs to the

Complainant. He defaulted equated monthly installment (EMI). As a

consequence, car was auctioned by the Bank. Applicant purchased it

in auction sale.     Whereafter, Applicant sold the car to one, Vijay

Kashinath Goradkar for Rs. 13,20,000/-. Bank had issued a release

letter on 28th March, 2018, whereafter, in 2018 car was transferred in

the name of Goradkar in RTO's record. Around the month of October,

2020; car was impounded by the Regional Transport Authorities may

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                                            19.ABA-1935-2021 .doc



be for traffic offence. Vijay Goradkar being its owner, sought release

of the car, to which the Complainant raised objection. Therefore,

Vijay Goradkar approached this Court in writ jurisdiction, seeking

directions to Regional Transport Authorities to release the car. The

Petition was allowed on 16th July, 2021 and directed R.T.O. to release

the vehicle forthwith to Vijay Goradkar.


2.    It appears the Complainant filed the First Information Report on

24th May, 2021, when the Writ Petition filed by Vijay Goradkar, was

pending before this Court. In the said FIR, Complainant would allege

that the Applicant in connivance with the Bank Officials, Regional

Transport Officers, forged the title documents of the car and illegally

transferred the ownership to Vijay Goradkar. Whereafter Crime No.

107/2021 was registered against the Applicant, R.T.O., Bank Officials

and Vijay Goradkar. Applicant seeks pre-arrest bail in this Crime.


3.    In consideration of the facts of the case and in view of the

findings recorded in judgment dated 16 th July, 2021 passed in Writ

Petition No. 686/2021 and in particular the Paragraph No.9 of the

judgment, in my view the custodial interrogation of the Applicant shall

not further the prosecution case. Application is allowed. Thus, the

following order.


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                                                         ORDER

(i) In the event of arrest of the applicant, he shall be released on

bail on executing P.R. Bond in the sum of Rs.25,000/-, with one or

more sureties in the like amount;

(ii) The applicant shall furnish his residential address as well as

permanent address and contact details to the Investigating Officer

forthwith;

(iii) The applicant shall join investigation as and when called by the

Investigating Officer;

(iv) The applicant shall not tamper with the evidence or attempt

to influence or contact the complainant, witnesses or any person

concerned with the case;

4. Application is disposed of.

5. It is made clear that observations made hereinabove be

construed as expression of opinion only for the purpose of granting

bail and the same shall not in any way influence the trial in other

proceedings.

Digitally signed by MOHAMMAD MOHAMMAD NAJEEB NAJEEB MOHAMMAD MOHAMMAD QAYYUM (SANDEEP K. SHINDE, J.) QAYYUM Date:

2021.08.25 19:31:26 +0530

Najeeb/..