Deepak Shrikant Aggarwal v. The State Of Maharashtra

25 BA-2306-21.doc BDP-SPS-TAC

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BHARAT DASHARATH PANDIT CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 2306 OF 2021 by BHARAT DASHARATH PANDIT Date: 2021.12.01 11:36:07 +0530 DEEPAK SHRIKANT AGGARWAL ....Applicant.

V/s THE STATE OF MAHARASHTRA .....Respondent Mr. Aniket Nikam i/b Mr. Vivek Arote for the Applicant. Ms. Sharmila S. Kaushik, APP for the Respondent/State. CORAM: NITIN W. SAMBRE, J.

DATE: NOVEMBER 30, 2021 P.C.:- 1] Applicant is seeking regular bail in C.R. No. 392/2015 registered with Chatushrungi Police Station for the offence punishable under Sections 406, 420 read with section 34 of the IPC and under Sections 3 and 4 of the MPID Act.

2] In view of the arrest of the Applicant in November, 2015, Applicant has invoked provisions of Section 436A, as according to him, he has already undergone 50% of the maximum punishment prescribed.

3] Present case is a fit one wherein this Court is required to be sensitive to the proviso to Section 436 of the Cr.P.C. Prima facie involvement of the Applicant in the crime in question is apparent and could be inferred from the material evidence placed on record. 1/2

25 BA-2306-21.doc Offence committed by the Applicant has economic colour which has ruined social structure of the persons who have deposited the amount with the Applicant. Considering the nature of evidence available on record, it is quite apparent that conviction of the Applicant can be achieved. That being so, Court refrains from granting benefit under Section 436A of Cr.P.C. to the Applicant. As such, Application stands rejected.

( NITIN W. SAMBRE, J. ) 2/2