Bombay High Court at Goa grants anticipatory bail to applicants charged under with cheating to enable them to approach the appropriate Court for seeking appropriate relief.
Title: Manda Suresh Parulekar v. State of Goa
With: Suresh Vishwanath Parulekar v. State of Goa; Prasad Suresh Parulekar v. State od Goa
Decided on: August 1, 2023
Citation: 2023 SCC OnLine Bom 1568
CORAM: HON’BLE JUSTICE PRAKASH D. NAIK
Facts of the Case
The cases being heard for anticipatory bail have been filed with the intention of seeking pre-arrest anticipatory bail in connection with Crime No. 279/2015 registered with the Tardeo Police Station for offences under Sections 409 and 420 read with Section 34 of the Penal Code, 1860. The applicants are directors of Reis Magos Estate Pvt. Ltd. They are all related to each other. The dispute is purely of civil nature. Suit for specific performance was filed at the instance of the original complainant which is still pending. Initially the parties tried to settle the dispute. Settlement could not be arrived. Although the substantive cause of action arose in the State of Goa. The FIR was lodged at Tardeo Police Station at Mumbai, away from Goa.
Court Analysis and Judgement:
The Court took the decision without adjudicating into the merits of the case considering factual aspect of the case. The Court held that protection can be granted for a period of 4 weeks to enable the applicants to approach the concerned court for appropriate reliefs. The Court passed an order allowing the applicant to be released on bail on executing PR bond of Rs. 25,000/ – each with sureties. This protection was granted for a period of four weeks to enable the applicants to approach the appropriate Court for seeking appropriate relief.
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Written by- Reema Nayak
