14crn2932-10 1 IN THE HIGH COURT OF JUDICATURE AT MUMBAI CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.2932 OF 2010 Naresh Ramchand Punjabi. ..Applicant. Vs. State of Maharashtra ..Respondent. .... Mr.A.H.H. Ponda, Advocate for the applicant. Mr.Y.M. Nakhawa, A.P.P. for the State. .... CORAM : A.R.JOSHI, J. DATED : 6TH JULY, 2010 P.C. 1. Heard rival submissions at length on this application for anticipatory bail preferred by the applicant apprehending his arrest in the matter of C.R. No.I-6 of 2010 for the offence, alleged against him, punishable under Section 307 read with Section 34 of Indian Penal Code registered with NRI Sagari police station, Navi Mumbai, District-Thane. 2. The alleged incident of assault on the complainant on 14crn2932-10 2 his left buttock while he was on his motorcycle took place in the afternoon of 8th January, 2010. Allegedly the said assault was by two unknown persons who accosted the victim while on his way on the road and assaulted with some sharp pointed weapon on his left buttock causing rather severe bleeding injuries. Somehow, the complainant managed to escape and took medical treatment and immediately lodged first information report alleging that the said incident was the design of the present applicant. Strong suspicion is expressed against the applicant by the complainant as according to him earlier somewhere in August, 2008 threats of dire consequences were given by the applicant to him and some NC complaints were lodged for such threats. 3. Sometime in February, 2009 a complaint for the offence punishable under Section 138/Section 141 of Negotiable Instrument Act was filed by the present applicant against the said complainant for dishonor of cheque to the tune of Rs.12 lakhs and odd. 14crn2932-10 3 4. Admittedly there were some loan transactions between the complainant and the present applicant and applicant was to receive the said amount of Rs.12 lakhs and odd and for which he had filed appropriate proceedings under Negotiable Instrument Act. Thereafter, after about 11 months or so, the incident of assault took place. Entire complaint is based on the allegations without there being any material. Even during the investigation so far, nothing incriminating against the applicant is found. In view of such factual position, in the opinion of this Court, the custodial interrogation of the present applicant is not warranted. Certain conditions can be imposed on the applicant for attendance at the concerned police station during pendency of the matter. Hence, the present application is allowed with following order :- :: O R D E R :: [i] Criminal Application No.2932 of 2010 for anticipatory bail is granted. 14crn2932-10 4 [ii] In the event of arrest of the applicant - Naresh Ramchand Punjabi in C.R. No.I-6 of 2010 registered with NRI Sagari police station, Navi Mumbai, he shall be released on bail on his executing a P.R. bond in the sum of Rs.15,000/- (Rs.Fifteen Thousand Only) with one surety for the like amount. [iii] In the event of arrest and availing of bail, as above, the applicant shall attend the concerned police station twice a week on every Monday and Thursday between 10:00 a.m. to 12:00 noon till filing of the chargesheet. [iv] The trial Court shall not be influenced by any observations made in the present order so far as merits of the case are concerned. (A.R.JOSHI,J.)