Ganpatdas Gokuldas Ranka v. The State Of Maharashtra
914_ABA2382_22.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.2382 OF 2022 Bharati Sunil Jaju @ Pugliya ...
Applicant Vs.
State of Maharashtra ...
Respondent WITH ANTICIPATORY BAIL APPLICATION NO.2243 OF 2022 Ganpatdas Gokuldas Ranka ...
Applicant Vs.
State of Maharashtra ...
Respondent Mr. Satyavrat Joshi, i/b. Ashish Vernekar for Applicant in ABA/2382/22. Mr. Dhiraj Pungaliya a/w. Mr. Shreyas P. Barsawade for Applicant in ABA/ 2243/22.
Ms. Geeta P. Mulekar , APP for Respondent-State. CORAM : NITIN W. SAMBRE, J.
DATE :
SEPTEMBER 21, 2022 P.C. :
Heard.
2.
Case of the prosecution is, complainant - Patralal was having an account with Shree Tirupati Nagari Co-operative Society (for short 'Society'). Applicant - Bharati is an employeee whereas Ganpatdas - applicant in another application was the Director of the said Society. It is claimed that both the accused have diverted / received illegally the amount through the account of the complainant without his consent. As such, the offence in question.
3.
As far as applicant - Bharati is concerned, Mr. Joshi, counsel appearing for the applicant, on instructions, has submitted that a demand draft for an amount of Rs.5,00,000/- drawn in favour of Registrar, High Court, A.S., Bombay is already deposited in this Court. He has tendered an affidavit to that effect on record.
1/2
914_ABA2382_22.doc 4.
As far as accused Ganpatdas is concerned, I am informed that the said accused is willing to deposit an amount of Rs.3,00,000/- with the investigating officer within a period of two weeks from today. Statement accepted.
5.
As the amount, which is the subject matter of the crime in question is already secured, and having regard to the fact that the said amounts are alleged to have been received by the applicants - Bharati and Ganpatdas almost about 6 years and 19 years back respectively (stale instances), in my opinion, custodial interrogation of the applicants cannot be justified.
6.
In view thereof, in the event of arrest of the applicants in Crime No.115 of 2022 registered with Faraskhana Police Station, Pune City for the offence punishable under Sections 420, 467, 468, 471 read with Section 34 of the IPC, they be released on bail on executing P.R. Bond in the sum of Rs.15,000/- each with one or two sureties in the like amount. Applicants shall attend the Investigating Officer from 26th to 30th September, 2022 between 10:00 a.m. and 12 noon and thereafter as and when directed by the Investigating Officer. Applicants shall cooperate with the Investigating Officer in providing specimen of handwriting / signature etc., and such other documents, as may be demanded by the Investigating Officer. The said applicants shall not directly or indirectly try to influence the prosecution witnesses and tamper with the evidence.
7.
Applications are disposed of.
8.
Needless to clarify that the amounts deposited by the applicants shall be without prejudice to their rights in the trial. (NITIN W. SAMBRE, J.) Minal Parab 2/2