Aditya Dilip Bagwe vs. The State Of Maharashtra

Order - Status 5: Ladda IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION No. 873 of 2017 Aditya Dilip Bagwe .. Applicant. Vs The State of Maharashtra .. Respondent. Mr. H.P. Ingle I/by Mr. Prashant Goyal Advocate for the applicant. Mr. S.R. Agarkar, APP for the State. CORAM : C.V. BHADANG, J. DATE : 15th May, 2017. (VACATION JUDGE) P.C. The applicant is apprehending arrest in connection with investigation of Crime No. 8 of 2017 registered with Meghwadi Police Station, Jogeshwari (East), Mumbai under Section 406, 420 of IPC. On hearing the learned counsel for the applicant and the learned APP, it appears that earlier there was First Information Report (FIR) lodged by Abhishek Rai on 6th November, 2016 bearing Crime No. 288 of 2016 registered with Police Station, Vanrai, Mumbai on similar allegations in which the applicant had approached this Court by filing ABA No. 288 of 2017. This Court on 5th May, 2017 has granted interim protection to the applicant on certain conditions. A perusal of the First Information Report in the present case would show that the allegations by and large are similar. The FIR was lodged by Mr. Rohit Sonik. The applicant is alleged to have committed misappropriation and breach of trust in respect of mobile handsets worth Rs.2,01,666/-. Considering the fact that in respect of similar allegations this Court had granted interim protection, the following order is passed: (i) By way of an interim relief, it is directed that in the event of arrest in connection with investigation of Crime No. 8 of 2017, Meghwadi Police Station, the applicant shall be released on bail on executing a P.R. bond in the sum of Rs.25,000/- with one or two solvent sureties in the like amount; (ii) The applicant shall attend the Investigating Officer on Monday and Friday between 10:00 a.m. and 1:00 p.m. and as and when required by the Investigating Officer; and (iii) The applicant shall co-operate with the Investigating Agency and shall not tamper or influence the prosecution witnesses. Stand over to 8th June, 2017. (C.V. BHADANG,J)

Order - Status 7: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.873/2017 Aditya Dilip Bagwe Applicant vs State of Maharashtra Respondent Mr.Hemant Ingle i.b Mr.Prashant Goyal for Applicant Mr.A.R.Kapadnis APP for State CORAM : PRAKASH D.NAIK, J. DATE : 8 JUNE 2017 P.C. By an order dated 15.5.2017 interim protection was granted to the Applicant. The Applicant was directed to attend the police station. The Advocate for the Applicant submitted that he has complied with the said directions. The learned APP submitted that the Investigating Officer is not present and he would like to take instructions in the matter. In view of the said circumstances, stand over to 28.6.2017. Ad interim order granted earlier to continue till then. (PRAKASH D.NAIK, J)

Order - Status 9: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRI. ANTICIPATORY BAIL APPLICATION NO. 873 OF 2017 …... …... Aditya Dilip Bagwe .. Applicant Vs. The State of Maharashtra .. Respondent Mr.Prashant Goyel, Advocate for the Applicant. Mr.A.R.Kapadnis, APP for the Respondent – State. P.I. More, Meghwadi Police Station, present. CORAM : PRAKASH D. NAIK, J. DATED : JUNE 28, 2017. P.C. : The applicant was granted interim protection vide order dated 15th May, 2017. There was a condition to attend the investigating officer on Monday and Friday. Learned APP on instructions submits that the applicant has not complied with the condition of reporting. It is further submitted that the applicant has given false address and he was not traceable at the given address. Learned advocate for the applicant seeks time to take instruction. Hence, stand over to 7th July, 2017. 2 Interim relief granted earlier to continue till then. ( PRAKASH D. NAIK, J.)

Order - Status 12: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 873 OF 2017 Aditya Dilip Bagwe .. Applicant Vs. The State of Maharashtra .. Respondent …... Mr.Prashant Goyal, Advocate for the Applicant. Mr.A.R. Kapadnis, APP for the Respondent – State. CORAM : PRAKASH D. NAIK, J. DATED : JULY 25, 2017. …... P.C. : Stand over to 7th August, 2017. 2 This matter to be heard along with Anticipatory Bail Application No.288 of 2017. 3 Interim relief granted earlier to continue till then. 4 The applicant shall attend Meghwadi Police Station, Jogeshwari (East), Mumbai, on Saturday 29th July, 2017 between 11:00 a.m. to 2:00 p.m. ( PRAKASH D. NAIK, J.)

Order - Status 14: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 873 OF 2017 WITH ANTICIPATORY BAIL APPLICATION NO. 288 OF 2017 Aditya Dilip Bagwe ...Applicant Versus State of Maharashtra ...Respondent WITH CRIMINAL APPLICATION NO. 670 OF 2017 IN ANTICIPATORY BAIL APPLICATION NO. 288 OF 2017 Ahishek Rai ...Intervener IN THE MATTER BETWEEN : Aditya Dilip Bagwe ...Applicant Versus State of Maharashtra ...Respondent Mr. Prashant Goyal for the Applicant Mr. Ajay Patil, A.P.P for the Respondent-State Mr. S. C. Singh for the Intervener CORAM : REVATI MOHITE DERE, J. MONDAY, 7th AUGUST, 2017 P.C. : Learned Counsel for the applicant to furnish a copy of the application being Criminal Application No. 288 of 2017 on the learned Counsel for the intervener on or before 11th August, 2017. Stand over to 16th August, 2017. Interim protection to continue till the next date. REVATI MOHITE DERE, J.

Order - Status 16: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CRIMINAL JURISDICTION CR. ANTICIPATORY BAIL APPLN. NO. 873 OF 2017 Aditya Dilip Bagwe ....Applicant V/S The State Of Maharashtra ....Respondent CORAM : SMT. REVATI MOHITE DERE, J DATE : 18th August, 2017 P.C. : Due to paucity of time stand over to 07/09/2017. Ad-interim relief if any to continue till then. ( FOR REGISTRAR JUDICIAL - I )

Order - Status 18: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CRIMINAL JURISDICTION CR. ANTICIPATORY BAIL APPLN. NO. 873 OF 2017 Aditya Dilip Bagwe ....Applicant V/S The State Of Maharashtra ....Respondent WITH CR. ANTICIPATORY BAIL APPLN. NO. 288 OF 2017 Aditya Dilip Bagwe ....Applicant V/S The State Of Maharashtra ....Respondent CORAM : SMT. REVATI MOHITE DERE, J DATE : 7th September, 2017 P.C. : Due to paucity of time stand over to 25/09/2017. Ad-interim relief if any to continue till then. ( FOR REGISTRAR JUDICIAL - I )

Order - Status 20: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CRIMINAL JURISDICTION CR. ANTICIPATORY BAIL APPLN. NO. 873 OF 2017 Aditya Dilip Bagwe ....Applicant V/S The State Of Maharashtra ....Respondent WITH CR. ANTICIPATORY BAIL APPLN. NO. 288 OF 2017 Aditya Dilip Bagwe ....Applicant V/S The State Of Maharashtra ....Respondent CORAM : SMT. REVATI MOHITE DERE, J DATE : 25th September, 2017 P.C. : Due to paucity of time stand over to 12/10/2017. Ad-interim relief if any to continue till then. ( FOR REGISTRAR JUDICIAL - I )

Order - Status 22: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 873 OF 2017 WITH ANTICIPATORY BAIL APPLICATION NO. 288 OF 2017 Aditya Dilip Bagwe …Applicant Versus The State of Maharashtra …Respondent WITH CRIMINAL APPLICTION NO.670 OF 2017 IN ANTICIPATORY BAIL APPLICATION NO. 288 OF 2017 Abhishek Rai Intervener. In the matter between Aditya Dilip Bagwe Applicant Versus The State of Maharashtra and Anr. Respondents Mr. Shrinivas Singh i/b S.I.Singh for Intervener Mr.Hemant Ingale i/b Prashant Goyal for the applicant Ms.P.P.Shinde, APP for the State CORAM: A.M. BADAR, J. DATED: 12th OCTOBER, 2017 PC: Mr. Shrinivas Singh appears for the Intervener. At the request of the parties stand over to 16th November 2017. In the meanwhile interim order to continue. (A.M. BADAR, J )

Order - Status 24: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CRIMINAL JURISDICTION CR. ANTICIPATORY BAIL APPLN. NO. 873 OF 2017 Aditya Dilip Bagwe ....Applicant V/S The State Of Maharashtra ....Respondent WITH CR. ANTICIPATORY BAIL APPLN. NO. 288 OF 2017 Aditya Dilip Bagwe ....Applicant V/S The State Of Maharashtra ....Respondent CORAM : A.M. BADAR, J DATE : 16th November, 2017 P.C. : Due to paucity of time the matter is adjourned to 11/12/2017. Ad-interim relief if any to continue till then. ( FOR REGISTRAR JUDICIAL - I )

Order - Status 26: Dond IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 873 OF 2017 WITH ANTICIPATORY BAIL APPLICATION NO. 288 OF 2017 WITH APPP NO. 670 OF 2017 Aditya Dilip Bagwe … Applicant V/s. The State of Maharashtra . … Respondent Mr. Hemant Ingle i/b Prashant Goyal for Applicant. Mr. Ameet Palkar, APP for State. Mr. Nitin Dalvi for Intervener. CORAM : A.S.GADKARI, J. DATE : 16th JANUARY 2018. P.C.: 1] At the request of learned Counsel for the applicant, stand over to 23rd January 2018. Interim relief to continue till then. (A.S.GADKARI, J.)

Order - Status 29: Nalawade IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPEALLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 873 OF 2017 WITH ANTICIPATORY BAIL APPLICATION NO. 288 OF 2017 WITH CRIMINAL APPLICATION NO.670 OF 2017 Aditya Dilip Bagwe ..Applicant. vs. State of Maharashtra ..Respondent. Mr. Sugat i/by Prashant Goyal for the Applicant in ABA No.873/2017 and ABA No.288/2017. Mr.Nitin Dalvi i/by Shweta Singh for the Applicant in APPP No.670/2017. Mr. Ameet Palkar, APP. for the State. CORAM: A.S.GADKARI, J. DATE : 6th February, 2018. P.C. The learned counsel for the applicant submitted that the Advocate on record is not keeping well and is unable to attend the Court today. At his request, S.O. to 20.2.2018. Interim relief to continue till then. (A.S.GADKARI, J.)

Order - Status 31: Dond IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 873 OF 2017 WITH ANTICIPATORY BAIL APPLICATION NO. 288 OF 2017 Aditya Dilip Bagwe ..Applicant Vs The State of Maharashtra .. Respondent Mr. T.N. Khandare i/b Prashant Goyal for Applicant. Mr. Ameet Palkar, APP for State. Mr. Nitin Dalvi for Original Complainant. CORAM : A.S.GADKARI, J. DATE : 20th FEBRUARY 2018. P.C.: 1] Applicant is directed to attend the Investigating Officer from 22nd February 2018 to 25th February 2018 between 10.00 a.m to 2.00 p.m and to join in the process of investigation. 2] Stand over to 1st March 2018. Interim relief to continue till then. (A.S.GADKARI, J.) 1/1

Order - Status 32: Dond IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 873 OF 2017 WITH ANTICIPATORY BAIL APPLICATION NO. 288 OF 2017 Aditya Dilip Bagwe ..Applicant Vs The State of Maharashtra .. Respondent Mr. T.N. Khandare i/b Prashant Goyal for Applicant. Mr. Ameet Palkar, APP for State. Mr. Nitin Dalvi for Original Complainant. CORAM : A.S.GADKARI, J. DATE : 20th FEBRUARY 2018. P.C.: 1] Applicant is directed to attend the Investigating Officer from 22nd February 2018 to 25th February 2018 between 10.00 a.m to 2.00 p.m and to join in the process of investigation. 2] Stand over to 1st March 2018. Interim relief to continue till then. (A.S.GADKARI, J.) 1/1

Order - Status 34: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CRIMINAL JURISDICTION CR. ANTICIPATORY BAIL APPLN. NO. 873 OF 2017 Aditya Dilip Bagwe ....Applicant V/S The State Of Maharashtra ....Respondent WITH CR. ANTICIPATORY BAIL APPLN. NO. 288 OF 2017 Aditya Dilip Bagwe ....Applicant V/S The State Of Maharashtra ....Respondent CORAM : SMT. REVATI MOHITE DERE, J DATE : 23rd March, 2018 P.C. : Due to paucity of time the matter is adjourned to 02/04/2018. Ad-interim relief if any to continue till then. ( FOR REGISTRAR JUDICIAL - I )

Order - Status 36: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CRIMINAL JURISDICTION CR. ANTICIPATORY BAIL APPLN. NO. 873 OF 2017 Aditya Dilip Bagwe ....Applicant V/S The State Of Maharashtra ....Respondent WITH CR. ANTICIPATORY BAIL APPLN. NO. 288 OF 2017 Aditya Dilip Bagwe ....Applicant V/S The State Of Maharashtra ....Respondent CORAM : SMT. REVATI MOHITE DERE, J DATE : 2nd April, 2018 P.C. : Due to paucity of time the matter is adjourned to 17/04/2018. Ad-interim relief if any to continue till then. ( FOR REGISTRAR JUDICIAL - I )

Order - Status 38: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CRIMINAL JURISDICTION CR. ANTICIPATORY BAIL APPLN. NO. 873 OF 2017 Aditya Dilip Bagwe ....Applicant V/S The State Of Maharashtra ....Respondent WITH CR. ANTICIPATORY BAIL APPLN. NO. 288 OF 2017 Aditya Dilip Bagwe ....Applicant V/S The State Of Maharashtra ....Respondent CORAM : SMT. REVATI MOHITE DERE, J DATE : 17th April, 2018 P.C. : Due to paucity of time the matter is adjourned to 26/04/2018. Ad-interim relief if any to continue till then. ( FOR REGISTRAR JUDICIAL - I )

Order - Status 40: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CRIMINAL JURISDICTION CR. ANTICIPATORY BAIL APPLN. NO. 873 OF 2017 Aditya Dilip Bagwe ....Applicant V/S The State Of Maharashtra ....Respondent CORAM : SMT. REVATI MOHITE DERE, J DATE : 26th April, 2018 P.C. : Due to paucity of time the matter is adjourned to 06/06/2018. Ad-interim relief if any to continue till then. ( FOR REGISTRAR JUDICIAL - I )

Order - Status 42: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 873 OF 2017 WITH ANTICIPATORY BAIL APPLICATION NO. 288 OF 2017 Aditya Dilip Bagwe ….Applicant. Vs. State of Maharashtra ….Respondent. Mr. Sugat Ingale i/by Hemant Ingale for the Applicant. Mr. Ameet Palkar APP, for the RespondentState. Mr. Nitin Dalvi for the intervenor. CORAM : A. S. GADKARI, J. DATE : 25th JUNE, 2018. P.C.: It is submitted that the Advocate on record is in personal difficulty and is unable to attend the Court today. 2 At the request of the learned counsel, stand over to 11th July, 2018 for hearing. (A.S. GADKARI, J.)

Order - Status 46: Santosh IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 873 OF 2017 Aditya Dilip Bagve Applicant Versus The State of Maharashtra …Respondent Mr. Prashant Goyal, for the Applicant. Mr. Ameet Palkar, APP for the State/Respondent. CORAM: A. S. GADKARI, J DATED: 11th JULY, 2018 PC: 1. By an order dated dated 15th May, 2017, the applicant was granted interim relief. Heard the learned Counsel for the applicant and the learned APP. Perused the record of investigation. The first information report is lodged by Mr. Rohit Sonik on 7th January, 2017. 2. It is the precise prosecution case against the applicant that, the applicant after gaining confidence of the first informant, took delivery of handsets/mobile phones of Vivo company amounting to Rs.2,01,666/ for sale and thereafter neither returned the said handsets nor paid the 1/3 4-ABA873-17.DOC consideration for the same. That the applicant thereafter did not contact to the first informant. 3. The learned Counsel for the applicant submitted that this is pure and simple civil transaction. He submitted that the applicant has already repaid the amount to the first informant. He submitted that Mr. Rajesh Singh, the partner of Abhishek Rai had been to his shop for collecting the cash towards sale of mobile phones and as the applicant was unable to repay the amount to Mr. Rajesh Singh, he took away all the mobile phones, which were kept for display in the shop. He further submitted that the applicant did not have the said mobile phones as the same have been forcibly taken away by Mr. Rajesh Singh and therefore the applicant could not return the said handsets to the first informant. He, therefore, prayed that the applicant may be granted the prearrest bail. 4. The record of investigation indicates that apart from the first informant herein, there are other five other victims in the present crime, who have been cheated by the applicant by adopting similar modus operendi to the tune of 2/3 approximately Rs.21,07,000/ (Rs. Twenty one lakhs seven thousand only). This Court by an order dated 11th July, 2018 has rejected Anticipatory Bail Application No. 288 of 2017 preferred by the applicant in CR No.288 of 2016 registered with Vanrai police station, Mumbai wherein also similar modus operendi was adopted by the applicant. 5. After taking into consideration the aforesaid facts, the serious allegations against the applicant and the gravity of the offence, this Court is of the considered view that the applicant does not deserve to be protected by prearrest bail. 6. The application is accordingly rejected. [A. S. GADKARI, J.] Santosh Subhash Kulkarni Digitally signed by Santosh Subhash Kulkarni Date: 2018.07.16 11:16:06 +0530