Ganesh Raosaheb Salunkhe v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.1936 OF 2015 Shri Ganesh Raosaheb Salunkhe ...

Applicant Vs.

The State of Maharashtra ...

Respondent Mr. Kuldeep Patil, Adv. i/b. Prashant S. Hagare, Adv. for the applicant.

Mrs. G.P. Mulekar, APP for the State.

Mr. Rupesh Zade, Adv. for Intervener / Ori. Complainant. CORAM : SMT ANUJA PRABHUDESSAI, J.

DATE : 22 nd December, 2015.

P.C. :

1.

This is an application for anticipatory bail filed by the aforesaid applicant apprehending his arrest in Crime No.143 of 2015 registered with Bhigvan Police Station, Pune for offence punihsbale under Section 420 read with 34 of the IPC.

2.

The allegations against the applicant are that on 31st May, 2011 the complainant Suresh Pisal had given to him a sum of Rs.1,60,000/- on an understanding that the applicant and his wife would be working for him as labourers. It is alleged that the applicant had worked only for eight days and thereafter did not work for him and also did not return the money received by him and his wife from the complainant. Hence in view of the complaint lodged by

said Suresh the aforestated crime came to be registered against the applicant.

3.

Heard Mr. Kuldeep Patil, the learned counsel for the applicant, Mrs. Mulekar, the learned APP and Mr. Zade, the learned counsel for the intervener. The records reveal that the FIR which was lodged on 6th September, 2015 pertains to the alleged incident of the year 2011. The allegations in the FIR do not justify custodial interrogation. The applicant has no criminal antecedent and is permanent resident of Osmanabad and there is no possibility of the applicant absconding and hampering the trial. 4.

Under the circumstances, in my considered view, the application is granted under the following terms and conditions.

1. In the event of arrest of the applicant in Crime No.143 of 2015 registered with Bhigvan Police Station, Pune, the applicant shall be released on bail bond of Rs.20,000/ (Rupees Twenty Thousand Only) with one or two sureties in the like amount to the satisfaction of the JMFC, Indapur.

2. The applicant shall report to investigating officer for 4 days

from 10 am to 2 pm from the receipt of this order and further as and when required by the investigating officer for the purpose of the interrogation.

3. The applicant shall furnish the permanent / temporary residential address to the investigating officer. The IO shall verify the said address before the applicant is released on bail. ( ANUJA PRABHUDESSAI, J. )