Sagar Pandurang Khedkar v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 924 OF 2021 Sagar Pandurang Khedkar ...

Applicant

Versus

The State of Maharashtra ...

Respondent .........

Mr. Santosh Musale for the Applicant.

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

.........

CORAM : N.R. BORKAR, J.

DATED : 13 FEBRUARY 2023 P.C. :- .

This is an application filed under Section 438 of the Code of Criminal Procedure, 1973 for anticipatory bail. 2.

The applicant is apprehending his arrest in Crime No. 93 of 2021 registered at Pimpri Police Station, Pune for the offences punishable under Sections 120-B, 381, 201 of Indian Penal Code. 3.

I have heard the learned Counsel for the applicant and the learned APP for the State.

4.

On 7 April 2021, this Court passed the following order : "Heard.

1.

Today is the first date of hearing. Learned APP seeks time to verify.

2.

Applicant is an employee of Co-operative Bank, as a driver. Branch Manager, in his report alleged, the employees including exemployees of the bank conspired with the ex-Chairman of the Bank to cause dis-appearance of documentary evidence from the custody of the Bank, in a case filed against the ex-Chairman of the Bank. The role attributed to the applicant is that he extended help to hand over the documents to Dolly Sawani and Nikita Chandwani, 1 / 3

Officers of the Bank, who allegedly took away it, from the custody of Bank.

3.

Investigation is in progress; but having regard to role attributed to the applicant, in my view at present, his custodial interrogation is not necessary, however he shall join the investigation and co-operate in the Investigation. List the application on 29th April, 2021 for further consideration. 4.

In the meantime, State shall not arrest the applicant in connection with Crime No. 93/2021 registered with Pimpri Police Station, subject to condition that he shall join the investigation as and when called.

5.

Learned APP on instructions, submits let the applicant handover his mobile handset to the Investigating Officer, whereupon learned Counsel for the applicant undertook that applicant shall handover his mobile handset to the Investigating Officer on 9th April, 2021 at 11:00 am.

6.

List the application on 29th April, 2021 for further consideration."

5.

The learned Counsel for the applicant has placed on record a copy of the order passed by the Sessions Court dated 23 November 2022 in Criminal Bail Application No. 2842 of 2021. By the said order, the Sessions Court has granted anticipatory bail to the co-accused Govind Shriwas. The learned counsel for the applicant submits that role attributed to the said co-accused Govind Shriwas and the present applicant is identical.

6.

I have perused the FIR and there is a substance in the submission of the learned counsel for applicant. Apart from it, the learned APP on instructions submits that prosecution has filed the charge-sheet against the present applicant.

7.

Considering these facts and circumstances, I am inclined to grant anticipatory bail to the present applicant. In the result, the following order is passed :

2 / 3

(i) Application is allowed.

(ii) In the event of arrest of the applicant - Sagar Pandurang Khedkar in Crime No. 93 of 2021 registered at Pimpri Police Station, Pune for the offences punishable under Sections 120-B, 381, 201 of Indian Penal Code, he shall be released on bail on furnishing P.R. Bond in the sum of Rs.25,000/- with one or more sureties in the like amount. ( N.R. BORKAR, J. ) 3 / 3