Kisan Jangali Ovhal v. The State Of Maharashtra

1/3 nsc.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL ANTICIPATORY BAIL APPLICATION NO.237 OF 2017 Kisan Jangali Ovhal ...Applicant

Versus

The State of Maharashtra

...Respondent

Mr.P.G.Sarda, for the Applicant.

Mr.Y.M.Nakhawa, A.P.P. for the Respondent-State PSI - Ms.Pratibha P. Thakur, Barshi City Police Station, Solapur. CORAM : REVATI MOHITE DERE, J.

DATE : 5th APRIL, 2017 P.C. :

1.

Heard learned counsel for the applicant and learned APP for the Respondent - State.

2.

By this application, the applicants seek pre-arrest bail in connection with C.R.No.457 of 2016 registered with the Barshi City Police Station, Solapur, for the alleged offences punishable under Sections 409, 416, 511 r/w 34 of the Indian Penal Code.

2/3 3.

Perused the papers. The applicant was protected by this Court (Coram : Mrs.Mridula Bhatkar,J.) vide order dated 8th February, 2017. It is not in dispute that out of 10 accused, 9 co-accused have been granted pre-arrest bail. As far as allegations are concerned, the allegations against the applicant and other co-accused is that while working at the APMC, Barshi, they attempted to obtain subsidy of onion to the tune of Rs.1,09,32,251/- by producing bogus proposals alongwith bogus documents. However, on scrutiny the proposal was rejected and therefore the attempt to defraud the Government failed. Admittedly, all the documents are in the custody of the police, no money was disbursed from the Government Treasury as the attempt to secure the subsidy failed. The co-accused in the said case have been granted Anticipatory Bail. 4.

Considering the aforesaid, the application is allowed and the applicant is granted pre-arrest bail on the following terms and conditions :-

ORDER

i) In the event of arrest, the Applicant be enlarged on bail on furnishing P.R.Bond in the sum of Rs.30,000/- with one or

3/3 two sureties in the like amount;

ii) The Applicant shall attend the concerned police station, every Monday, between 6.00 p.m. to 8.00 p.m., till the filing of the charge-sheet ;

iii) The Applicant shall inform his latest place of residence and mobile contact number immediately after being released and/or change of residence or mobile details, if any, from time to time to the trial Court as well as to the concerned Police Station, in writing;

iv) The Applicant shall not tamper or attempt to influence the complainant or any persons concerned with the case; v) The Applicant shall co-operate in the conduct of the trial. 5.

The Application is allowed and disposed of in above terms. 6.

It is made clear, that the observations made herein, are primafacie, for the purpose of deciding this application. 7.

All concerned to act on the authenticated copy of this order. (REVATI MOHITE DERE, J.)