Ashok Gangaram Avdhut v. The State Of Maharashtra

1 Cri. Appln. 642-2015

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 642 OF 2015 Ashok Gangaram Avdhut, Age : 43 years, Occu.: Business, R/o. Karkhana Road, Basmatnagar, Dist. Hingoli .. Applicant

VERSUS

The State of Maharashtra Through Police Station Basmat City, Dist. Hingoli .. Respondent .....

Mr. S.V. Mundhe, Advocate for the applicant Mr. S.M. Jadhav, APP for the respondent-State ......

CORAM : M.T. JOSHI, J.

DATED : 23/02/2015 ORAL ORDER :

1.

Heard both sides.

2.

The present applicant, who is arrested by Basmat Police Station, Dist. Hingoli in Crime no. 8 of 2014 for the offences punishable under section 420, 467, 468, 504, 506 r/w. 34 of the Indian Penal Code, is praying for his release on bail.

3.

The applicant was arrested on 23/12/2014. Now presently he is in Magisterial Custody.

2 Cri. Appln. 642-2015 4.

The application filed by the complainant on the basis of which directions to carry the investigation as per the provisions of section 156(3) of the Code of Criminal Procedure were given, would show that the complainant had invested an amount of Rs.62,00,000/- for carrying business of country liquor shop in partnership with the present applicant and one another. On some occasions, even profit was also paid. It was thereafter found that no changes were made with the Excise Department regarding the firm and it was revealed to the complainant that no such partnership firm, according to law, is permissible. Therefore, the complaint came to be filed.

5.

Since earlier application of the present applicant bearing Criminal Application no. 1277 of 2014 for grant of anticipatory bail was conditionally allowed by this Court vide order dated 17th June, 2014 and after the expiry of the period mentioned therein the applicant was arrested, another Hon'ble Single

3 Cri. Appln. 642-2015 Judge of this Court has directed for placing the present proceedings before this Court.

6.

Considering all these facts on record and finding that now the investigation is complete, in my view, the applicant can be released on bail.

7.

Hence, the following order:- I) The Application is allowed.

II) The applicant be released on bail in Crime no. 8 of 2014 registered with Basmat Police Station, Dist. Hingoli for the offences punishable under section 420, 467, 468, 504, 506 r/w. 34 of the Indian Penal Code, upon his executing P.R. bond in the sum of Rs.20,000/- (Rs. Twenty Thousand) and also upon furnishing surety in the like amount.

8.

Application is accordingly disposed of.

[M.T. JOSHI] JUDGE arp/-