Considering Covid-19 Situation & Age Of Two Accused, Bombay HC Grants Transit Bail In A Case Rgistered At Haryana [Read Order]

The Bombay High Court on Tuesday granted transit anticipatory bail to three accused in a First Information Report registered at Rewari, Haryana on allegations of cheating and committing breach of trust after considering the age of two of the accused and the situation around the Covid-19 pandemic due to which they cannot travel to Haryana immediately.

Justice SK Shinde was hearing an application filed by Amit Lodha and two others aged 72 and 66 respectively who were booked for offences under Sections 420, 406, 120B, 34 of the Indian Penal Code registered with Dehradun Police Station, Rewari in Haryana.

Advocates Omkar Mulekar, Nausher Kohli and Harsh Gokhale appeared on behalf of the applicants and submitted that police station in-charge at Bharuheda has issued a notice under Section 41(1) of the Code of Criminal Procedure directing the applicants to remain present on June 9, 2020 along with Covid-19 test reports at Dehradun.

In view of this notice being issued, applicants are apprehending their arrest in subject crime. The applicants are willing to co-operate in the investigation and would approach the Court of competent jurisdiction for appropriate reliefs, within reasonable time but, till then they may be protected, Mulekar contended.

Court observed-

"In view of the Coronavirus Covid-19 pandemic, applicants cannot travel to Haryana State immediately. More so, the applicant nos.2 and 3 are senior citizens, aged about 72 and 66 years respectively.

Prima-facie, it appears, subject offence came to be registered on account of cheques issued by the applicants being directors of the Indusar Global Limited against the purchase orders placed by them with the complainant company. It further appears that applicant no.1 had issued two post-dated cheques of November, 2019 against two purchase orders placed by him on behalf of the company."

Thus, considering the facts of the case and the prevailing situation, Justice Shinde noted-

"I am satisfied that applicant nos.2 and 3 being senior citizens, cannot approach the Court of competent jurisdiction immediately for appropriate reliefs. Besides, applicants are permanent residents of Mumbai and two of them are Senior Citizens.

In view of the facts of the case, applicants are granted six weeks' time to approach the Court of competent jurisdiction for seeking pre-arrest bail in FIR registered with Dehradun Police Station, Rewari."

Court held that in the event of arrest of the applicants in relation to the said FIR, they shall be released on executing PR bond for the sum of Rs.25,000 each.

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