Mohan Damodar Bhosale v. The State Of Maharashtra

rpa 1/3 922-aba-2746-19.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.2746 OF 2019 Mohan Damodar Bhosale .. Applicant Vs.

State of Maharashtra .. Respondent ......

Mr.Shivraj Patne, Advocate for the Applicant. Mr.H.J. Dedhia, APP for the Respondent - State. PSI Pujari, Mangalwedha Police Station, District - Solapur, present.

......

CORAM : PRAKASH D. NAIK, J.

DATED :

JANUARY 16, 2020.

P.C. :

The applicant is apprehending arrest in connection with C.R.No.282 of 2019, registered with Mangalwedha Police Station, Solapur Rural, for the ofences punishable under Sections 420 and 406 of Indian Penal Code ("IPC", for short) and Rule 61 of Maharashtra Co-operative Societies Act, 1960. The contention of the applicant is that he was not Director of Navratna Magasvargiya Audyogik Sahakari Sanstha Limited. He has not played any role. Learned APP submitted that the amount of Rs.3 lakhs was credited into the account of applicant. Hence,

rpa 2/3 922-aba-2746-19.doc his custody is required. Learned counsel for the applicant, however, drew my attention to document dated 25th April, 2011. The said doucment indicate that it is issued by Chairman of Society on letter head of Society stating that Mohan Bhosle was given cheque number 508957 for amount of Rs.3 lakhs, issuedon Bank of Maharashtra, Brahmapuri Branch, in Mangalvedha. On his instructions, amount of Rs.3 lakhs were withdrawn and the same was recovered by Cheavan on 25th April, 2011. according to prosecution, Rs.3 lakhs were credited into account of applicant. Considering the ave facts, custodial interrogation of the applicant is not necessary and the applicant can be released on anticipatory bail.

Hence, I pass the following order:

:: O R D E R ::

(i) Anticipatory Bail Application No.2746 of 2019, is allowed;

(ii) In the event of arrest of Applicant in connection with C.R.No.282 of 2019, registered with Mangalwedha Police Station, Solapur Rural, he

rpa 3/3 922-aba-2746-19.doc be released on bail on his executing P.R. Bond in the sum of Rs.25,000/-, with one or more sureties in the like amount;

(ii) Applicant shall report the concerned police station on 21st January, 2020, between 11:00 a.m. to 01:00 p.m., and, thereafter, as and when called for, till fling of the charge-sheet;

(iii) Anticipatory Bail Application stands disposed of. (PRAKASH D. NAIK, J.)