Shrikant Shankar Pawar v. The State Of Maharashtra

Nalawade FARAD CONTINUATION SHEET No.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 748 OF 2018 Shrikant S. Pawar vs. The State of Maharashtra Office Notes, Office Memorandam of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Mr. S.V.Marwadi i/by S.I.Kantharia for the Applicant. Mrs.J.S.Lohokare,APP for the State.

Ms. Ameeta Kuttikrishnan for the Respondent.

CORAM : A.S.GADKARI, J.

DATE : 20th June, 2018 P.C.

1.

This is an application under Section 439 of the Code of Criminal Procedure for bail in CR No. RC 14/E/2017 dated 31.8.2017 registered with CBI/EOW, Mumbai under Sections 120-B, 406, 409, 420, 465, 467,468 and 471 of the Indian Penal Code (now culminated into Special Case No.4/2018).

2.

It is the prosecution case in nut shell that, the applicant along with other accused persons caused wrongful loss to the Central Bank of India and State Bank Page-1/4

of India to the total tune of Rs.1,06,14,147/-. During the course of investigation, the applicant came to be arrested on 12.10.2017 and after completion of investigation the police have submitted charge sheet.

3.

The record indicates that, as per the observations made by the Special Judge (CBI), Greater Mumbai in the impugned order dated 28.2.2018 the applicant is beneficiary of Rs.7,84,000/- out of the total amount involved in the present crime.

4.

Mr. Marwadi, the learned counsel appearing for the applicant submitted that with a view to prove his bonafide and without prejudice to the rights and contentions of the applicant which may be raised at the time of trial, the father of the applicant is ready and willing to deposit the said amount of Rs.7,84,000/- by way of demand draft in the registry of this Court before the applicant is actually released from Jail. The said statement is accepted. The applicant is in jail since 12.10.2017 and investigation of the present crime is already completed.

5.

In view of the statement made by the learned counsel Page-2/4

for the applicant and without going into the merits of the matter, the applicant can be released on bail. Hence, the following order.

a) The applicant be released on bail in CR No. RC 14/E/2017 dated 31.8.2017 registered with CBI/EOW, Mumbai, now culminated into Special Case No.4/2018 and pending on the file of the learned Special Judge (CBI),Greater Bombay on his furnishing PR bond of Rs.25,000/-with one or two solvent local sureties in the like amount.

b) Before his release from Jail, the applicant shall deposit a sum of Rs.7,84,000/- in the registry of this Court. It is made clear that, deposit of the said amount shall be the condition precedent for the actual release of the applicant from Jail.

c) After his release from Jail the applicant shall attend the office of CBI/EOW, Mumbai on every first Monday of the month between 11.00 a.m. and 1.00 p.m. till the conclusion of the trial.

d) The applicant shall attend all the dates before the Page-3/4

Trial Court unless precluded on medical reasons. e) The applicant shall not tamper with the evidence and /or pressurize the prosecution witnesses. f) Application is allowed in the aforesaid terms. (A.S.GADKARI, J.) Page-4/4