Mr.Shivaji Shamrao Shinde v. The State Of Maharashtra

1/3 nsc.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL ANTICIPATORY BAIL APPLICATION NO.404 OF 2015 Shivaji Shamrao Shinde ...

Applicant V/s.

The State of Maharashtra ...

Respondent Mr.Ashok Mundargi, Senior Counsel, i/b Mr.D.L.Lad, for the Applicant. Mr.Y.M.Nakhwa, APP for the Respondent - State. API - S.R.Bankar, Kalachowki Police Station, Mumbai. CORAM :

REVATI MOHITE DERE, J.

DATED :

18th MARCH, 2015.

P.C.

1.

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

2.

By this application, the Applicant seeks pre-arrest bail, in connection with C.R. No.41 of 2014 registered with the Kalachowki Police Station, Mumbai, for the alleged offences punishable under Sections 418, 420, 465, 467, 468, 470, 471, 120(B) of the Indian Penal Code. 3.

Mr.Mudargi, learned senior counsel appearing on behalf of the applicant submitted that the present applicant was the officer of

2/3 Sahyadri Sahakari Bank Limited, Lalbaug Branch, when the alleged misappropriation took place. It is alleged in the FIR that the present applicant verified the loan proposals of 3 auto-rickshaws in the year 2009. He submitted that the applicant had superannuated in 2011 and that he has a long unblemished service of more than 39 years. He submitted that 2 other co-accused i.e. the Branch Manager and the Junior Manager were granted anticipatory bail vide order 4th March, 2015 passed by this Court (Coram: Revati Mohite Dere,J.) 4.

Considering the nature of allegations as against the applicant and the fact that the investigation is almost complete, documents are seized, the custody of the applicant is not required. Accordingly, the applicant deserves to be granted pre-arrest bail on the following terms and conditions :-

ORDER

i) In the event of arrest, the Applicant be enlarged on bail furnishing P.R.Bond in the sum of Rs.15,000/-, with one or two sureties in the like amount ; ;

ii) The Applicant shall not tamper or attempt to influence any persons concerned with the case.

3/3 iii) The Applicant to co-operate with the conduct of the trial.

5.

The Application is allowed on the above terms. 6.

The aforesaid observations are prima-facie, and the Trial Court shall decide the case on its own merits, in accordance with law, uninfluenced by the observations made in this order.

7.

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