Vijay Sahebrao Bhadange v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO.259 OF 2016 Vijay Sahebrao Bhadange ...

Applicant Vs.

The State of Maharashtra ...

Respondent Mr. Aniket Nikam, Adv. for the applicant.

Mr. J.H. Ramugade, APP for the State.

CORAM : SMT ANUJA PRABHUDESSAI, J.

DATE : 10 th February, 2016.

P.C. :

1.

This is an application for bail filed by the aforesaid applicant who has been arrested in Crime No. I-46 of 2015 registered with MIDC Sinnar Police Station, Nashik for offences punishable under Sections 420, 465, 468 & 471 r/w. 34 of the IPC. 2.

Heard Mr. Nikam, the learned counsel for the applicant and Mr. Ramugade, the learned APP for the State. I have perused the records and considered the submissions advanced by the learned counsels for the respective parties. The FIR prima facie reveals that on 7th September, 2015 the co-accused Jeevan Chandu Pawar had purchased corrugated iron sheets worth of Rs.3,59,950/- from Shyam Enterprises Co. Ltd. It is alleged that he had issued cheques in favour

of said company. Said cheques were dishonoured and thereafter said Jeevan Pawar refused to pay the said amount. Hence Bhimraj R. Patil, the complainant who is working as a supervisor had lodged the complaint against said Jeevan Pawar. Pursuant to which the aforestated crime came to be registered. The records further reveal that co-accused Jeevan Pawar was arrested and in the course of investigation, it was revealed that he had sold said corrugated iron sheets to the applicant herein. The records further reveal that the applicant herein is a scrap dealer. The material on record does not prima facie indicate that the applicant was involved in purchasing the said plates from the company. The applicant is in custody since 28th December, 2015 and is a permanent resident of district Nashik. Hence there is no possibility of the applicant absconding. The applicant has no criminal antecedents.

3.

In the facts and circumstances, the application is allowed on the following terms and conditions.

(i) The applicant shall be released in Crime No. I-46 of 2015 registered with MIDC Sinnar Police Station on furnishing bail bond of

Rs.25,000/- (Rupees Twenty five Thousand only) with one or two sureties in the like amount to the satisfaction of JMFC, Sinnar, Nashik.

(ii) The applicant shall appear before the investigating officer as and when required.

(iii) The applicant shall not leave Nashik District without prior permission of the JMFC, Sinnar, Nashik.

(iv) Parties to act upon authenticated copy of this order.

( ANUJA PRABHUDESSAI, J. )