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Bombay High CourtBA/229/2018bail granted

Purendu Shekhar v. The State Of Maharashtra

2018-02-15Hon'Ble Shri Justice A.S. Gadkari2 pages

44 ba 229-18=.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 229 OF 2018 Purendu Shekhar ... Applicant V/s.

The State of Maharashtra ... Respondent ­­­­­ Mr. Gaurav Parkar for the Applicant.

Mrs. Rutuja Ambekar, APP for the Respondent/State. CORAM : A.S.GADKARI, J.

DATE : 15th FEBRUARY, 2018 P.C.:

.

This is an application under Section 439 of Cr.P.C. for bail in C.R. No. 258 of 2017 dated 19.08.2017 registered with Matunga Police Station, Mumbai under Sections 409 and 420 of the Indian Penal Code. Heard the learned Counsel for the Applicant and the learned APP. Perused the record.

The first information report is lodged by Vivek Kumar Saxena, the Chief Manager of Indian Bank, Matunga Bazar Branch, Matunga (E), Mumbai. It is the prosecution case in brief that, the Applicant being Assistant Branch Manager of the said Bank from 30.05.2017 till 18.07.2017 committed defalcation of an amount of Rs.2,98,981/­ thereby attracting Section 409 of the Indian Penal Code. During the course of investigation, the Applicant came to be arrested on Sneha Chavan 1/2

44 ba 229-18=.doc 16.12.2017.

The record indicates that the amount alleged to have been defalcated by the Applicant has already been recovered from the Applicant by the Investigating Agency and the investigation of the present crime is practically on the verge of completion. In view thereof, further incarceration of the Applicant in jail is not necessary and the Applicant can be released on bail. Hence, the following order:

i) The applicant be released on bail in C.R. No. 258 of 2017 dated 19.08.2017 registered with Matunga Police Station, Mumbai on his furnishing PR bond of Rs.25,000/­ with one or two solvent local sureties in the like amount. ii) After his release from jail, the applicant shall attend the concerned Police Station on every first Monday of the month between 11.00 a.m. to 2.00 p.m. till submission of final report.

iii) The applicant shall also attend all the dates before the Trial Court. iv) The Applicant shall not tamper with the evidence and/or pressurize or threaten the prosecution witnesses.

v) Application is allowed in the aforesaid terms. (A.S.GADKARI, J.) Sneha Chavan 2/2