Vaishali Mahesh Motewar v. The State Of Maharashtra
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 45 OF 2021 WITH CRIMINAL BAIL APPLICATION NO. 46 OF 2021 Vaishali Mahesh Motewar ..Applicant Vs.
The State of Maharashtra ..Respondent WITH CRIMINAL BAIL APPLICATION NO. 245 OF 2021 Prasad Prakash Chidrawar ..Applicant Vs.
The State of Maharashtra & Ors.
..Respondents MAMTA AMAR KALE by MAMTA AMAR KALE Date:
2022.03.01 17:02:04 +0530 ---- Mr. Hassnain Kazi Sayyed a/w. Mr. Anand Kulkarni, for the Applicants.
Mr. Y. Y. Dabke, APP for the Respondent / State. Mr. Sitaram S. Phand, Dy.SP CID(EOW) Pune.
---- CORAM : C.V. BHADANG, J.
DATE : 25 JANUARY 2022 (Through Video Conferencing) P.C.
.
By these Applications, Applicants are seeking bail in MPID Case No.09/2018, pending before the learned Sessions Court at Pune, which is arising out of Crime No.384/2014 of Police Station Mamta Kale page 1 of 4
Chaturshringi and Crime No.243/2016 of Police Station Deccan, Pune, under Section 403, 406, 409, 420 and 120-B r/w. 34 of the Indian Penal Code and Section 3 of the Maharashtra Protection of Interest of Depositors (in Financial Establishments) Act, 1999. 2.
The learned counsel for the Applicants has placed reliance on several orders passed by this Court releasing the co-accused Mahesh Motewar and others on bail. The record discloses that these Applications were adjourned in order to enable the learned APP to go through the said orders and make appropriate statement in the context of the claim for parity by the Applicants. 3.
Today, the learned APP, on instructions from Mr. Sitaram Phand, Dy.SP. CID (EOW), Pune states that the Applicants would be entitled to parity with the Accused who have already been released on bail. He also submitted that investigation is complete and the chargesheet is filed and a liquidator is appointed and the substantial part of the amount involved has been secured. Learned APP has therefore submitted that this Court may pass appropriate orders.
4.
In such circumstances and considering the fact that there are several orders by which the co-accused have been granted bail and Mamta Kale page 2 of 4
the submissions made on behalf of the State that the parity would apply, the following order is passed.
ORDER
(i) The Applicant Vaishali Mahesh Motewar (in BA No.45/2021 and BA No.46/2021) and Applicant Prasad Prakash Chidrawar (in BA No.245/2021), be released on bail on their furnishing PR Bond in the sum of Rs.1,00,000/- (Rupees One Lakhs Only) each with one or two sureties each, in the like amount. (ii) The Applicants shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case and shall not tamper with the prosecution evidence.
(iii) The Applicants shall give their contact number and residential address to the Investigating Officer before being released on bail. In case of any change of address and contact number, the Investigating Officer shall accordingly be informed.
(iv) The Applicants shall deposit their passports, if any, and if not already deposited, before the Investigating Officer, before being released on bail. (v) The Applicants shall not leave India, without prior permission of the learned Special Court. Mamta Kale page 3 of 4
(vi) The Criminal Applications are disposed of accordingly.
C.V. BHADANG, J.
Mamta Kale page 4 of 4