Sagar Gorakhnath Nadhe v. The State Of Maharashtra

1/3 Yadav 918.aba.207.19

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 207 OF 2019 Sagar Gorakhnath Nadhe ...

Applicant

Versus

The State of Maharashtra ...

Respondent Mr. Aniket Nikam I/by Vivek Arote advocate for the Applicant. Mr. S. H. Yadav, APP for Respondent - State.

CORAM :

NITIN W. SAMBRE, J.

DATE :

8th March, 2019.

P.C. :

Heard Shri Nikam, learned Counsel for the applicant-accused, against whom this Court has issued notice for cancellation of bail. The background of the case is that fraud was practiced on the bank and the present applicant appears to be a beneficiary of the amount to the tune of Rs.90,00,000/-(Rs.Ninety lakhs). Shri Nikam has brought to my notice that the applicantaccused has already deposited an amount of Rs.90,00,000/- (Rs.Ninety lakhs), which weighed before this Court while granting pre-arrest bail. According to him, neither there was any suppression nor there was any attempt to misled this Court while canvassing submissions for grant of bail.

In response to the Court's query, he submits that the applicant

2/3 Yadav 918.aba.207.19 wish to voluntarily deposit an amount of Rs.15,00,000/- (Rs.Fifteen lakhs) in addition to Rs.90,00,000/- (Rs.Ninety lakhs), which are already deposited.

Learned AP.P. submits that the Court may pass an appropriate order in these facts and circumstances. Having appreciated the submissions, what could be noticed is, the applicant, who is involved in the offence in question, appears to be beneficiary to the extent of Rs.90,00,000/- (Rs.Ninety lakhs) out of the amount involved in the offence. Said amount is withdrawn from the bank after the loan was sanctioned to co-accused. Considering the interest, to which the bank was entitled to on the amount of loan, the fact that the applicant, for all these days, has enjoyed the amount of Rs.90,00,000/- (Rs.Ninety lakhs), as is apparent from the investigation, the statement of deposit of additional amount of Rs.15,00,000/- (Rs.Fifteen lakhs) is accepted as an undertaking.

Needless to observe that the Court was neither misled nor misguided by the learned Counsel for the applicant while dealing with pre-arrest bail application in earlier round. As such, the applicant is permitted to deposit an amount of Rs.15,00,000/- (Rs.Fifteen lakhs), in this Court by 26th March 2019, as the said statement, made by the applicant, is accepted as an undertaking. The amount of Rs.15,00,000/- lakhs deposited by the applicant is permitted to

3/3 Yadav 918.aba.207.19 be withdrawn by the Investigating Officer, as an amount seizedin the offence in question.

As such, show cause notice, for cancellation of bail issued by this Court to the applicant, stands discharged. (NITIN W. SAMBRE, J.)