Manjunath S/O Nagaraj Doddakunche Chik Egowda v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 2574 OF 2022 Manjunath S/o. Nagaraj Doddakunche Chik Egowda ..Applicant v/s.

The State of Maharashtra .

..Respondents WITH INTERIM APPLICATION NO. 3717 OF 2022 IN ANTICIPATORY BAIL APPLICATION NO. 2574 OF 2022 Ketan Ghanshyamprasad Bhat ..Applicant v/s.

The State of Maharashtra & Anr.

..Respondents Mr. Fauzan Shaikh for the Applicant.

Mr. S.V.Gavand, APP for the State.

Mr. Rajesh Ghag for the Intervenor.

P.I. Jayant Gadekar from EOW, Unit 6.

CORAM : ANUJA PRABHUDESSAI , J.

DATED : 7th AUGUST, 2023.

P.C.

1.

The applicant apprehends arrest in Crime No. 729 of 2022 registered with Malad Police Station, Mumbai, for offences punishable under Section 409, 420 r/w. 34 of the Indian Penal Code, and Section 3 and 4 of The Maharashtra Protection of Interest of Depositors (in Digitally signed by PRASANNA PRADEEP Date:

2023.08.08 19:41:34 +0530 Financial Establishment) Act, 1999.

PRASANNA PRADEEP

2.

The allegations against the applicant are that he had cheated several investors. Learned Counsel for the applicant and the first informant state that the applicant has entered into Memorandum of Understanding with the first informant and other investors and have repaid the dues.

3.

Learned APP, under instructions from the Investigating Officer confirms that the applicant has repaid the amount to the investors. In the light of the said statement, in my considered view, this is a fit case to exercise discretion under section 438 Cr.P.C. Hence, the application is allowed on the following terms and conditions: (i) In the event of arrest of the Applicant in Crime No. 729 of 2022 registered with Malad Police Station, Mumbai, the Applicant be released on bail on furnishing bail bond of Rs.30,000/- (Rupees Thirty Thousand Only) with one or two sureties in the like amount; (ii) The Applicant shall report to the Investigating Officer as and when required by the Investigating Officer.

(iii) The Applicant shall keep the Investigating Officer informed of his current address and mobile/contact details, and/or change of residence or mobile/contact details from time to time.

(iv) The Applicant shall not interfere with the Complainant and the other witnesses, or tamper with the evidence in any manner. .

Anticipatory Bail Application stands disposed of. .

Interim application stands disposed of.

(ANUJA PRABHUDESSAI, J.)