Digambarsingh Jaipalsingh Parihar v. State Of Maharashtra

12-aba-3178-22.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 3178 OF 2022 Digambarsingh Jaipalsingh Parihar ...Applicant V/s.

The State of Maharashtra

...Respondent

Mr. Narayan Bubna for the Applicant.

Mr. A.A. Palkar, APP for the Respondent/State. Mr. Dilip Bodake, PSI, Harsul Police Station, District- Nashik.

CORAM

:

N.R. BORKAR, J.

DATE :

13.04.2023 P.C. :

1.

This is an application under Section 438 of Code of Criminal Procedure for anticipatory bail.

2.

The applicant is apprehending his arrest in Crime No. I-87 of 2022 of registered at Harsul Police Station, District- Nashik, for the offences punishable under Sections 406, 409, 420 read with 34 of the Indian Penal Code (IPC).

3.

I have heard the learned counsel appearing for the applicant and the learned APP for the respondent / State. 4.

The allegations against the applicant, who is a teacher and other co-accused, who is the Head Master, are of misappropriating scholarship amount to the tune of Rs.1,65,000/- (in words Rupees One Lakh Sixty Five Thousand).

Darshan P. Patil 1/2

12-aba-3178-22.doc 5.

The Sessions Court has granted anticipatory bail to the Head Master.

6.

Learned APP submits that the applicant is the main accused and the allegations of misappropriation are against him. 7.

Learned counsel for the applicant, on instructions, submits that the applicant without prejudice to his rights and contentions, is willing to deposit an amount of Rs.1,00,000/- (in words Rupees One Lakh).

8.

Considering the facts and circumstances and as the Sessions Court has granted anticipatory bail to the Head Master, I am inclined to release the applicant on anticipatory bail. In the result, the following order is passed.

ORDER

A) Application is allowed.

B) In the event of arrest of the applicant- Digambarsingh Jaipalsingh Parihar, in C.R. No. I-87 of 2022 of registered at Harsul Police Station, District- Nashik, for the offences punishable under Sections 406, 409, 420 read with 34 of the IPC, he be released on bail on executing P.R Bond in the sum of Rs.25,000/- (Rupees Twenty Five Thousand) with one or two sureties in the like amount.

C) The applicant shall deposit an amount of Rs.1,00,000/ with this Court within ten weeks from today.

[N.R.BORKAR, J.] Darshan P. Patil 2/2