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Bombay High CourtAPPLN/220/2017application allowed

Anup S/O Shishupal Khobragade v. The State Of Maharashtra

2017-02-02Hon'Ble Shri Justice Nitin W. Sambre2 pages

Cri.Appln.220/2017

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 220 OF 2017 Anup s/o Shishupal Khobragade, Age 44 years, Occu. Business, R/o Panchashil Nagar, Near Bhodhvihar, Bhusawal, Taluka Bhusawal, District Jalgaon .. Applicant

Versus

The State of Maharashtra, through Police Inspector, Bhusawal City Police Station, Taluka Bhusawal, District Jalgaon ..Respondent Mr A.G. Talhar, Advocate for applicant Mr S.N. Morampalle, A.P.P. for respondent CORAM : N.W. SAMBRE, J.

DATE : 2nd February 2017 PER COURT 1.

In C.R. No.72/2016, registered at Bhusawal City Police Station, Taluka Bhusawal, District Jalgaon, the applicant - Chairman of a Credit Co-operative Society who is arrested, for the offences punishable under Sections 420, 406, 408 read with Section 34 of the Indian Penal Code, is seeking regular bail.

2.

The application is opposed by the learned Addl. Public Prosecutor on the ground that audit and inquiry reports depict that the applicant has withdrawn an amount of Rs.40 lakhs in the capacity of Chairman of the said Credit Co-operative Society.

Cri.Appln.220/2017 3.

The investigation in the matter is already complete and chargesheet is filed. Looking to the nature of allegations and other remedies as are available under the provisions of Maharashtra Co-operative Societies Act, in my opinion, it will be appropriate to order release of the applicant.

4.

The applicant be released on bail in C.R. No.72/2016, registered at Bhusawal City Police Station, Taluka Bhusawal, District Jalgaon, for the offences punishable under Sections 420, 406, 408 read with Section 34 of the Indian Penal Code, upon furnishing P.R. bond of Rs.25,000/- (Rs.Twenty-five thousand) with one or two sureties in the like amount.

5.

The applicant shall not influence the prosecution witnesses and shall not tamper with the prosecution evidence. 6.

Two consecutive absence of the applicant before the Court below will entail the said Court to proceed with cancellation of bail of the applicant.

7.

Criminal Application stands allowed accordingly. ( N.W. SAMBRE, J.) vvr