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Bombay High CourtAPPLN/47/2019others disposed off

Vishwadeep Narayan Pawar v. The State Of Maharashra

2019-02-08Hon'Ble Shri Justice Nitin W. Sambre3 pages

1/3 Yadav 40.Appln.47.2019 (corrected)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 47 OF 2019 Vijaydeep Narayan Pawar ...

Applicant

Versus

State of Maharashtra ...

Respondent Ms. Vrishali R. Raje for Applicant.

Ms. S. S. Kaushik, APP for Respondent - State. CORAM :

NITIN W. SAMBRE, J.

DATE :

FEBRUARY 8, 2019.

P.C. :

.

The Applicant was chargesheeted in Crime No. I-224 of 2018 for an offence punishable under Sections 420, 409, 406 read with Section 34 of the Indian Penal Code and Sections 3 & 4 of the M.P.I.D. Act. 2.

The Applicant's Application for grant of regular bail came to be allowed vide order dated 15th January 2019 passed by the Additional Sessions Judge, Nashik, whereby the condition of deposit of Rs.2,00,00,000/- and executing PR and SB bond of Rs.50,00,000/-1 was imposed.

Pursuant to the speaking to the minutes order dt/-8/2/2019 original order is corrected.

2/3 Yadav 40.Appln.47.2019 (corrected) 3.

The relaxation of the said condition is sought on the ground that Applicant was an employee and was never part of the management or financial beneficiary in the office in question. It is also claimed that in the matter of other similar placed accused namely, Vrushal Avinash Nagarkar and Suresh Sopan Bhaskare this Court has incorporated the condition for release upon executing bond of Rs.25,000/- as is reflected in the order dated 20th December 2018 and 26th November 2018. As such, the modification is sought.

4.

The aforesaid position is not disputed by the learned APP. 5.

Considering the fact that the Applicant was an employee of the Firm, the condition of deposit of Rs.2,00,00,000/- and executing PR and SB bond of Rs.50,00,000/-1 prima facie appears to be unreasonable. Case of the Applicant needs to be considered at par with co-accused namely, Vrushal Nagarkar and Suresh Bhaskare. 6.

That being so, the condition of deposit of amount and executing PR and SB bond of Rs.50,00,000/- is modified with a direction to release the Applicant on executing PR bond of Rs.50,000/- with one or more sureties in the like amount.

Pursuant to the speaking to the minutes order dt/-8/2/2019 original order is corrected.

3/3 Yadav 40.Appln.47.2019 (corrected) 7.

Leave to amend is granted. Amendment be carried out forthwith.

8.

Criminal Application stands disposed of accordingly. (NITIN W. SAMBRE, J.)