Chennakeshavallu Chennaya Ramgiri v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 2128 OF 2022 Chennakeshavallu Chennaya Ramgiri ...Applicant V/s.

The State of Maharashtra

...Respondent

WITH INTERIM APPLICATION NO. 363 OF 2023 Mr. Amit Singh for the Applicant.

Mr. A.A. Palkar, APP for the Respondent/State. Mr. Vilas Vasant Sutar, API, Mundhwa Police Station, Pune City.

CORAM

:

N.R. BORKAR, J.

DATE :

04.05.2023 P.C. :

1.

This is an application under Section 439 of Code of Criminal Procedure for bail.

2.

The applicant came to be arrested in Crime No. 258 of 2021 registered at Mundhwa Police Station, Pune City, for the ofences punishable under Sections 420, 406, 506 read with Section 34 of the Indian Penal Code, Sections 3 and 4 of the Maharashtra Protection of Interest of Depositors (In Financial Establishments) Act, 1999 and Sections 3 and 4 of the Prize Chits and Money Circulation Schemes (Banning) Act, 1978.

3.

I have heard the learned counsel for the applicant and the learned APP for the respondent - State.

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4.

According to the prosecution, the present applicant's wife, who is co-accused in the present crime, shown rosy picture to the investors and duped them to the tune of Rs.10,65,48,800/-. The allegations against the present applicant are of purchasing certain properties out of investors' money.

5.

The learned counsel for applicant has tendered an undertaking of the applicant dated 26 April 2023. The same is taken on record and marked "X" for the purpose of identifcation. For ease of reference, the said undertaking is scanned and reproduced hereinbelow:

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6.

The wife of the applicant appears to be main accused in the present crime. The applicant is in jail for more than one year and six months. There are no other criminal antecedents. Considering these facts and in view of the undertaking fled by the applicant, I am inclined to release the applicant on bail. In the result, the following order is passed.

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O R D E R

A] Bail Application is allowed.

B] The applicant be released on bail in C.R. No.258 of 2021 registered at Mundhwa Police Station, Pune City, for the ofences punishable under Sections 420, 406, 506 read with Section 34 of the Indian Penal Code, Sections 3 and 4 of the Maharashtra Protection of Interest of Depositors (In Financial Establishments) Act, 1999 and Sections 3 and 4 of the Prize Chits and Money Circulation Schemes (Banning) Act, 1978, on furnishing P.R Bond in the sum of Rs.25,000/- (Rupees Twenty Five Thousand) with one or two sureties in the like amount.

7.

The prosecution/interveners are at liberty to fle an application for cancellation of bail, if the undertaking is breached. 8.

The Interim Application for intervention stands disposed of. [N.R.BORKAR, J.] 4/4