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Bombay High CourtBA/2295/2022allowed

Gulab Dashrath Pawar v. The State Of Maharashtra

2023-02-02Hon'Ble Shri Justice N. R. Borkar2 pages

77-BA-2295-2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 2295 OF 2022 Gulab Dashrath Pawar ...

Applicant

Versus

The State of Maharashtra ...

Respondent .........

Mr. Sanjeev Kadam alongwith Mr. Rahul Shinde for the Applicant. Mr. V.B. Konde-Deshmukh, APP for the Respondent/State. .........

CORAM : N.R. BORKAR, J.

DATED : 2 FEBRUARY 2023 P.C. :- .

This is an application filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of bail.

2.

The applicant came to be arrested in Crime No. 385 of 2021 registered at Shikrapur Police Station, Pune for the offences punishable under Sections 420, 465, 467, 468, 471, 409, 120-B r/w. 34 of Indian Penal Code.

3.

The allegations against the present applicant and other coaccused are of defrauding Shivajirao Bhosale Sahakari Bank to the tune of Rs.2.15 Crore.

Kanchan P Dhuri 1 / 2

77-BA-2295-2022.odt 4.

I have perused the statement of bank employee Milind Tannu. According to him, on the instructions of loan officer Hanuman Kemdhare, he had transferred about 2 crores to different entities. 5.

According to the learned Counsel for the applicant, the liability of the present applicant is Rs.15 lakhs. It is submitted that pursuant to the order passed by this Court dated 18 January 2023, the applicant has deposited an amount of Rs.7.50 lakhs and the applicant undertakes to deposit rest of the amount of Rs.7.50 lakhs within four weeks.

6.

Considering the overall facts and circumstances of the case and as the applicant is in jail for more than one year, I am inclined to release him on bail. Hence, the following order is passed : (i) Application is allowed.

(ii) The applicant - Gulab Dashrath Pawar be released on bail in Crime No. 385 of 2021 registered at Shikrapur Police Station, Pune for the offences punishable under Sections 420, 465, 467, 468, 471, 409, 120-B r/w. 34 of Indian Penal Code on furnishing P.R. Bond in the sum of Rs.25,000/- with one or two sureties in the like amount. 7.

List the present application for compliance on 20 March 2023.

( N.R. BORKAR, J. ) by KANCHAN PRASHANT DHURI Date: 2023.02.13 14:58:47 +0530 KANCHAN PRASHANT DHURI Kanchan P Dhuri 2 / 2