Prakash Narayan Rathod v. The State Of Maharashtra

1 /3 FARAD CONTINUATION SHEET No.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 1918 OF 2017 Prakash N. Rathod vs. The State of Maharashtra Office Notes, Office Memorandam of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Mr. Umesh Mankapure for the Applicant.

Mr. A.A.Takalkar, APP. for the State.

CORAM : A.S.GADKARI, J.

DATE :

5th October, 2017.

P.C.

1.

This is an application for bail under Section 439 of Cr.P.C. in CR No. 170 of 2017 and CR No.106 of 2017 registered with Jat Police Station, District Sangli under Sections 420, 471 read with 34 of the Indian Penal Code.

2.

Heard the learned counsel for the applicant and the learned APP. Perused the charge sheet .

3.

It is the case of the prosecution that accused No.2 Sharad Chougale represented the first informant and other victims that they will be provided services in Indian Forest Department and accepted huge amounts from them. That, accused No.2 Sharad Chougale thereafter gave them bogus appointment letters of Forest Department, having bogus electronic signatures of the concerned Authorities. When the informant and other victims knew the fact that the said appointment letters are bogus they realized that accused Shrad Chougale has committed an act of cheating by giving

2 /3 bogus appointment letters. It is the further prosecution case that, as accused No.1 Sharad Chougale did not refund the amount to the victims, at the relevant time the applicant assured the victims that he will make an endeavour to see that the said amount would be refunded to the victims. During the course of investigation the applicant came to be arrested on 17.6.2017 and after completion of investigation the police have submitted charge sheet. 3.

Heard the learned counsel for the applicant and the learned APP. Perused the charge sheet .

4.

The record indicates that the role attributed to the present applicant is that, he assured the victims that he will refund the said amount paid by them to Sharad Chougale, as Sharad Chougale had informed the first informant that, he has paid the amount received from the victims to the present applicant. Apart from the said allegation that the applicant assured the victims of repayment of the amount paid by them to Sharad Chougale (accused No.2), prima facie, it appears that there is no other material available on record against the applicant.

5.

In view of the above, the applicant can be released on bail.

6.

Hence, the following order.

a) The applicant be released on bail in CR No. 170 of 2017 and CR No.106 of 2017 registered with Jat Police Station, District Sangli on his furnishing PR bond of Rs.50,000/- with one or two solvent local sureties in the like amount.

b) After his release from Jail the applicant shall attend the concerned police station on every first and third Monday of the

3 /3 month between 11.00 a.m. to 2.00 p.m.

c) The applicant shall also attend all the dates before the Trial Court.

d) Any two consecutive defaults in complying with the aforesaid conditions, shall attract the provisions of cancellation of bail.

e) The applicant shall not tamper with the evidence and /or influence the prosecution witnesses.

Application is allowed in the aforesaid terms. (A.S. GADKARI, J.)