Bombay High CourtABA/663/2021bail rejected

Dinesh Ramchandra Kamble v. The State Of Maharashtra

2021-03-09Hon'Ble Shri Justice Prakash D. Naik2 pages

rpa 1/2 16 aba 663 2021.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.663 OF 2021 Dinesh Ramchandra Kamble .. Applicant

Versus

State of Maharashtra .. Respondent ......

Mr.Rupesh Lonjekar, Advocate for the Applicant. Mr.A.R. Kapadnis, APP for the Respondent - State. ......

CORAM : PRAKASH D. NAIK, J.

DATED :

MARCH 09, 2021.

P.C. :

This is an application for anticipatory bail in connection with C.R.No.279 of 2015, registered with Amboli Police Station, Mumbai, for the ofence punishable under Section 381 read with 34 of Indian Penal Code ("IPC", for short). First Information Report ("FIR", for short) was registered on 25th September, 2015.

The case of the prosecution is that co-accused were custodian of the ATM Centre. Amount of Rs.22,00,000/- was Digitally signed by RajeP. Aher Date:

2021.03.17 17:53:52 +0530 RajeP.

Aher misappropriated by them. They were arrested and subsequently granted bail. It is alleged that during the course of interrogation of the co-accused, it was disclosed that the amount was handed over to the applicant.

rpa 2/2 16 aba 663 2021.doc Learned advocate for the applicant submitted that the applicant has been falsely implicated in this case. Although the FIR was registered in 2015, there was no attempt to arrest him. He was always available at his permanent place of residence. Merely on the statement of co-accused, the applicant need not be arrested.

The name of the applicant is not in the FIR. However, investigation discloses his involvement. Although, during the course of investigation, through statements of the co-accused, the involvement of the applicant was disclosed. The amount of Rs.22,00,000/-, is to be recovered. At this stage, the information disclosed by the co-accused can be utilised for the purpose of investigation. Hence, no case for grant of anticipatory bail is made out. Anticipatory Bail Application No.663 of 2021, is rejected and stands disposed of accordingly.

(PRAKASH D. NAIK, J.)