Kisan Damodar Dhamale v. The State Of Maharashtra

17-ABA-2860-21.DOC Sayali Upasani

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 2860 OF 2021 Kisan Damodar Dhamale ...Applicant

Versus

State of Maharashtra

...Respondent

SANTOSH SUBHASH KULKARNI Mr. Rahul S. Kadam, for the Applicant.

Smt. M. R. Tidke, APP for the State/Respondent. SANTOSH SUBHASH KULKARNI Date: 2022.07.15 11:09:00 +0530

CORAM:

N. J. JAMADAR, J.

DATED:

13th July, 2022 PC:- 1.

This is an application for pre-arrest bail in connection with C.R. No.584 of 2021, registered with Khed Police Station, Pune, for the offences punishable under Sections 420 and 406 of Indian Penal Code, 1860 ("the Penal Code"). 2.

The learned Counsel for the applicant submits that the Bank of Maharashtra, which came to be impleaded as respondent No. 2, has been served and affidavit of service is filed.

3.

None appears for respondent No. 2 - Bank.

4.

While granting interim protection, on 6th December, 2021, this Court had noted that the custodial interrogation of the applicant was not warranted as the offences revolved 1/2

17-ABA-2860-21.DOC around the execution of the instruments.

5.

The learned Counsel for the applicant, on instructions of the applicant, who is present in Court, submits that out of the sum of Rs.12,00,000/-, the applicant has deposited a sum of Rs.6,20,000/-. The applicant is ready to deposit the balance amount with the bank. In fact, a proposal for one time settlement is submitted.

6.

In the aforesaid view of the matter, since the interim protection is in operation from 6th December, 2021, I am inclined to make the order of interim protection dated 6th December, 2021 absolute with a direction to the applicant to deposit the balance amount with the bank.

7.

The order of interim protection dated 6th December, 2021, is made absolute on the terms and conditions incorporated therein.

8.

In addition, the applicant shall deposit the balance amount with the bank within three months from today. 9.

The applicant shall regularly attend the proceedings before the jurisdictional Court.

[N. J. JAMADAR, J.] 2/2