Rameshwar Pandurang Gadekar v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 2989 OF 2019 Rameshwar Pandurang Gadekar ...Applicant

Versus

The State of Maharashtra

...Respondent

...

Mr. Darshan J. Jaikar, Advocate for the Applicant. Mr. Pravin P. Chavan, Special P.P. a/w Y.M. Nakhawa, APP for Respondent-State.

...

CORAM : SANDEEP. K. SHINDE, J.

DATE : 13 th FEBRUARY, 2020.

P.C.

Heard.

1.

Applicant is seeking enlargement on bail in Crime No. I - 336 of 2015 registered with Dahisar Police Station for the alleged offences punishable under Sections 7, 13(1)(c) of the Prevention of Corruption Act, 1988 and Sections 406, 408, 409, 420, 465, 467, 468, 471, 384, 201, 109, 120 (B) r/w 34 of the Indian Penal Code, 1860 (IPC for short).

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2.

I have perused the final report. Prima facie, it appears the public money siphoned off by the accused persons in connivance has enriched the applicant. Though the offences were registered in the year 2015, the applicant was absconding nearly for three years and his presence was secured by issuing proclamation. Besides, this Court had declined to release coaccused, Ramesh Kadam on bail, however it had directed the trial Court to expedite the trial in Special Case No. 104/2015 alongwith Special Case No. 108/2015, Special Case No.24/2016, Special Case No.29/2016 and further directed to conclude the same as early as possible.

3.

This order was carried before the Honble '

Supreme Court of India and by order dated 02.12.2019. The Honble Court directed the trial Court to hear on '

framing of charges within one month.

4.

The economic offence and while dealing the bail applications therein, are required to be dealt 2/3

with a different approach as has been said by the Honble Apex Court in the case of '

Nimmagadda Prasad Vs.

Central Bureau of Investigation (2013) 7 SCC 466. In the present case, the misappropriation of public money/fund alleged is to the tune of Rs. 312 Crores by an organization forum, SahityaRatna Lokshahir Annabhau Sathe Vikas Mahamandal.

5.

In view of the facts that the trials are scheduled before the learned Sessions Court on 24th February, 2020 for framing of charges, I am not inclined to entertain the application. It is accordingly dismissed.

(SANDEEP. K. SHINDE, J.) 3/3