Prakash Basappa Menimani (Mane) And ANR v. The State Of Maharashtra

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.853 OF 2017 1.

Prakash Basappa Melinmani Alias Mane 2.

Rahul Raju Shedge ...Applicants

Versus

The State of Maharashtra

...Respondent

Mr.S.R.Pawar, for the Applicants Ms.S.S.Kaushik, A.P.P for the Respondent-State API - H.M. Nanaware, Koregaon Park Police Station, Pune. CORAM : REVATI MOHITE DERE, J.

DATE : 8th JUNE, 2017 P.C. :

1.

Heard learned Counsel for the parties.

2.

By this application, the applicants seek pre-arrest bail in connection with C.R. No. 33 of 2017 registered with the Koregaon Park Police Station, Pune, for the alleged offences punishable under Sections

2/4 420 r/w 34 of the Indian Penal Code.

3.

Learned Counsel for the applicants states that the applicants were in the employment of accused no.1 - Rakesh Varma, who had floated a company by the name of 'House of Vacation'. He submits that the the applicants had no knowledge of the fraud committed by the applicant no.1. 4.

Learned APP on instructions of the Investigating Officer, who is present in Court states, that the applicants were the employees of accused no.1 - Rakesh Varma, and at this stage of investigation, it appears that the applicants have not received any money. 5.

Both the applicants were working with the accused no.1 - Rakesh Varma, who had floated a company by the name "House of Vacation". At this stage, it appears that the applicants have not received any money either from the complainant or any witnesses. 6.

Considering the aforesaid, the application is allowed and the applicants are granted pre-arrest bail on the following terms and

3/4 conditions:

ORDER

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

(ii) The applicants shall report to the Investigating Officer of the concerned Police Station as and when called, till the filing of the charge-sheet or for a period of three months from today, whichever is earlier;

(iii) The applicants shall not tamper with the evidence or attempt to influence the complainant, witnesses or any person concerned with the case.

(iv) The Applicants shall co-operate with the Investigating Agency. 7.

The Application is allowed in the aforesaid terms and is accordingly disposed of.

4/4 8.

It is made clear that the observations made herein are prima facie and are confined to this application.

9.

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