Saket Ashok Dixit v. The State Of Maharashtra And ANR

rpa 1/3 52-ba-3330-18.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.3330 OF 2018 Salet Ashok Dixit .. Applicant Vs.

State of Maharashtra & Anr.

.. Respondents ......

Mr.S.V. Marwadi i/b. Mr.Rajednra Javanjal, Advocate for the Applicant.

Mr.S.R. Agarkar, APP for the Respondent - State. Mr.Manish Singh, Advocate for Respondent no.2 - Intervener. Mr.Arvind Ghag, PI, Unit - XI, DCB CID, Mumbai, present. ......

CORAM : PRAKASH D. NAIK, J.

DATED :

JANUARY 14, 2019.

P.C. :

This is an application for bail in connection with C.R.No.55 of 2018, registered with DCB CID, Mumbai, for the offences punishable under Sections 419, 420, 465, 468, 471 and 120(B) read with 34 of Indian Penal Code ("IPC", for short). Initially the offence was registered vide C.R.No.416 of 2018 by Oshivara Police Station, Mumbai. The first informant-Bank of India has been impleaded as respondent no.2 in this application. Learned counsel for respondent no.2 - Bank submits that the

rpa 2/3 52-ba-3330-18.doc liability qua applicant is to the tune of Rs.27,80,000/-. On instructions, learned counsel for the applicant submit that the said amount would be deposited within a period of four weeks from the date of release of applicant. It is submitted that the coaccused has been granted bail by this Court vide Criminal Bail Application No.2851 of 2018 by order dated 14th November, 2018, by permitting him to deposit amount of Rs.6,57,500/-, within a period of two weeks from the date of the order. The statement made by the learned counsel for the applicant regarding deposit of amount is accepted as an undertaking to this Court. In view of this, applicant can be granted bail.

Hence, I pass the following order:

:: O R D E R ::

(i) Criminal Bail Application No.3330 of 2018, is allowed;

(ii) The applicant is directed to be released in connection with C.R.No.55 of 2018, registered

rpa 3/3 52-ba-3330-18.doc with DCB CID, Mumbai, (C.R.No.416 of 2018 by Oshivara Police Station, Mumbai)on his furnishing P.R. Bond in the sum of Rs.50,000/-, with one or more sureties in the like amount; (iii) Applicant shall deposit an amount of Rs.27,80,000/-, within a period of four weeks from the date of his release;

(iv) In the event there is breach in depositing the amount, the bail shall stand cancelled;

(v) Applicant is permitted to furnish cash security of Rs.50,000/-, in lieu of surety, for a period of six weeks from today;

(vi) Criminal Bail Application stands disposed of. (PRAKASH D. NAIK, J.)