Bombay High CourtABA/1481/2018others disposed off

Kishor Shrimanth Suryawanshi And ANR v. The State Of Maharashtra

2019-01-22Hon'Ble Shri Justice Nitin W. Sambre3 pages

1 26.1481.18 aba.doc ISM

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 1481 OF 2018

1. Kishor Shrimanth Suryawanshi .....Applicants

2. Prafulla Ramchandra Sarwade V/s.

The State of Maharashtra and another .....Respondents Mr. Mahesh Subramanian i/b Mr. S. V. Pitre advocate for the applicant Ms. S. S. Kaushik APP for the State Mr. Manoj Mohite for the intervener CORAM : NITIN W. SAMBRE, J.

DATE :

JANUARY 22, 2019.

P.C.

In Crime No. 444/2018 registered with Shirur Police Station, Pune for offence punishable under Sections 454, 380 of the Indian Penal Code, applicants are seeking pre-arrest bail. It is the case of prosecution that on 31/05/2018, after the complainant superannuated, he noticed that on 14/06/2018,

2 26.1481.18 aba.doc present applicants have removed certain record of the school, pertaining to year 2015-2016 and 2016-2017. The said record is specifically mentioned in the complaint which consist of registers containing the movable assets viz. laboratory items, sports items, school committee register of the relative years, school management committee register etc.

Deputy Education Officer in his communication dated 29/08/2017 has informed that applicant no. 1 was granted the authority to sign and look after the affairs of the school w.e.f. 15/03/2016. It is also mentioned that there exists a dispute in between applicant no. 1 with one Mr. Patil as regards authority to supervise the administration and working of the school. Once it has come on record that applicant no. 1 was granted authority to sign relevant documents by the Education Officer, the question of removing the registers from the school will be of hardly any consequence as the said issue at the most can be looked into in a disciplinary proceedings, if any, to be faced by the applicants.

3 26.1481.18 aba.doc That being so, Ad-interim protection granted vide order dated 25/07/2018 stands confirmed.

Application stands disposed of.

[NITIN W. SAMBRE, J.]