Jaywant Chandrarao Kamble v. The State Of Maharashtra

1 76) aba2320-18.doc SAS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 2320 OF 2018 Jaywant Chandrarao Kamble ..Applicant.

V/s.

The State of Maharashtra ..Respondent.

Mr.Prasanna Shahane with Mr.A.M.Reddy for the applicant. Mr.S.I.Agarkar, APP for the respondent-State. CORAM: NITIN W.SAMBRE, J.

DATE : NOVEMBER 19, 2018 P.C.:- Heard learned counsel for the applicant and learned APP for the State.

2.

In Crime No.I-154/2018 for the offences punishable under section 409 and 477(a) of the Indian Penal Code registered with Ambernath police station, District Thane is seeking pre-arrest bail.

2 76) aba2320-18.doc 3.

The prosecution case is, the applicant who was working as a junior clerk at Water Bill Payment Centre in Maharashtra Jeevan Pradhikaran misappropriated amount to the tune of Rs.6,00,000/- and was unable to account the receipt books.

4.

Learned counsel for the applicant submits that the applicant is falsely implicated in the crime in question. According to him, the entire action is based on documents and as such his custodial interrogation is not warranted. He would then urge that the applicant is ready and willing to deposit fifty per cent of the amount.

5.

Learned APP opposed the bail, as according to learned APP, repeated opportunities given to the applicant to make good the losses has not yielded any fruitful result. 6.

Considered rival submissions.

7.

Admitted position from the record reflects that cheques issued by the applicant towards deposit of the amount which was mismanaged by him were dishononoured time and again. It

3 76) aba2320-18.doc appears at this stage, it can be inferred that the applicant has accepted his liability for the misappropriated amount. 8.

Apart from above, it can be noticed from record that along with the applicant, other accused persons are also involved. 9.

There is prima facie case against the applicant-accused. No case for pre-arrest bail is made out in the present case. The application is rejected.

(NITIN W.SAMBRE, J.)