Amol Prabhakar Salaskar v. The State Of Maharashtra

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.721 OF 2020 Digitally signed by Manali P.

Tilak Date:

2020.11.05 13:36:31 +0530 Manali P.

Tilak Amol Salaskar ..

Applicant

Versus

The State of Maharashtra ..

Respondent ...

Mr.Rohan Hogle for the Applicant.

Mr.P.H.Gaikwad, APP for the State.

CORAM: BHARATI DANGRE, J.

DATED : 4th NOVEMBER, 2020 P.C:- 1.

On 23rd April, 2020, Criminal Bail Application of Archana Salaskar and the Anticipatory Bail Application of the present applicant were heard together. The allegation of the complainant is to the effect that one Prabhakar Salaskar-father of the present applicant accepted the deposit of Rs.35,00,000/- towards Fixed Deposit and issued receipt in the name of Company "Indscot Beverages Private Limited". Prabhakar is alleged to be the Chairman of the said Company and the applicants to be the Directors. It is alleged that interest was paid on Fixed Deposit upto January, 2016 and thereafter there is a failure. On the date of the lodging of the report, an amount of Rs.50,59,365/- was due and payable by the applicants to the complainant. In the backdrop of the said allegations, the applicants made a statement that they are ready to pay the amount to the complainant and put an end to the litigation. It was agreed that

2/3 16 ABA-721-20.doc the amount would be paid in installments. An affidavit-cumundertaking to that effect was also tendered and accepting the said statement, ad-interim relief came to be granted in favour of the present applicant thereby protecting him from arrest in C.R.No.597 of 2019 registered with Chaturshrungi Police Station where the offence was registered under Sections 406, 420 read with Section 34 of IPC and Section 3 of the MPID Act. 2.

Time and again the complainant was directed to make a statement about receipt of the said amount since the applicant had categorically made a statement that he has deposited the amount in terms of his undertaking. On three to four dates, the matter came to be adjourned for the said purpose. Today, the learned APP has placed the supplementary statement of the complainant-Smt.Laxmi Ravishankar Kotnis. The said statement is recorded on 21/10/2020. It is taken on record. The learned APP is directed to forward the said supplementary statement of the complainant dated 21/10/2020 by e-mail so that it can form part and parcel of record of the present application.

In the said statement, she has stated that in the first week of June 2020, Amol Salaskar (applicant) has deposited an amount in her UCO Bank account and this amount was to the tune of Rs.50,00,000/-. Further, a cheque of Rs.5,00,000/- was also tendered to her at the time of hearing in the Court of District and Sessions Judge. She, therefore, has stated that an amount of Rs.55,00,000/- has been deposited in her account by Amol Salaskar.

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In light of the said statement being made by the complainant, the interim protection granted in favour of the applicant deserve a confirmation. The order dated 23rd April, 2020 is confirmed subject to the same stipulations. 4.

The application is disposed of accordingly.

SMT. BHARATI DANGRE, J