Sudarshan Yellaiah Pathipaka v. The State Of Maharashtra

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.268 OF 2020 SUDARSHAN YELLAIAH PATHIPAKA ..

Applicant

Versus

THE STATE OF MAHARASHTRA ..

Respondent ...

Mr.Niteen Pradhan with Ashok Kumar Mishra, Madhuri Amare Machado and Tanvi Tapkire i/b Solicis Lex for the applicant. Mr.S.H. Yadav, APP for the respondent State. Mr.Simil Mejari i/b Krupali Rajani for the original complainant. API Shri V.B.Budhe from Narpoli police station present. CORAM: BHARATI DANGRE, J.

DATED : 12th APRIL, 2022 P.C:- By the present application, the applicant seek his release on bail in connection with C.R.No. I-279/2018 invoking Sections 420, 464, 467, 471 r/w Section 34 of the IPC. The learned counsel Mr.Pradhan has placed reliance upon the order passed in respect of co-accused i.e. Accused no.2 Yadgiri Yallaya Bergu, who came to be released on bail by Judicial Magistrate First Class, Bhiwandi, on 21/12/2021.

The learned counsel Mr.Pradhan state that if the charge-sheet is perused, this accused is attributed a more serious Tilak

2/2 1 BA 268-20.doc role than the present applicant and in the wake of the subsequent event, that the amount has already been deposited by the Accused no.2 before the learned Magistrate, he seek liberty to approach the Magistrate, taking advantage of the order passed in case of coaccused and also the factum of deposit of the amount which was alleged to have been misappropriated by the complainant. He, therefore, seek liberty to withdraw the application with liberty to approach the learned Magistrate for seeking his release on bail. Application is disposed off with direction to the learned Magistrate and make an endeavour to dispose off the application as expeditiously as possible.

Needless to state that I have not decided the application on merits and all contentions of the respective parties are kept open.

( SMT. BHARATI DANGRE, J.) Tilak