Gopal Bhagwan Nikam v. The State Of Maharashtra

946-BA.138-23.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 946 BAIL APPLICATION NO.138 OF 2023 GOPAL BHAGVAN NIKAM

VERSUS

THE STATE OF MAHARASHTRA ...

Advocate for Applicant : Mr. P. P. More h/f Mr. Sonwane S. P. APP for Respondent-State : Mr. K. S. Patil.

...

CORAM : S. G. MEHARE, J.

DATE : 31.01.2023 PER COURT :- 1.

Heard the learned counsel for the applicant and the learned APP for the respondent-State.

2.

The applicant was a driver. He lodged the report that on the date of incident, he was carrying the cash amount of Rs.5,58,000/- taken from Laxmi Oil Mill Company on selling groundnuts. However, subsequently he has been arraigned as an accused. The total amount of Rs.4,60,000/- has been recovered from all the accused. It seems that it was a pretended robbery. The applicant was the custodian of the money. He must have got share, but only Rs.10,000/- has been recovered from him. Learned counsel for the applicant proposes that the applicant is ready to deposit Rs.98,000/- to show his bonafide. Considering his offer and the age of the

946-BA.138-23.odt applicant, he may be considered for bail. That apart, the charge sheet has been filed and nothing is to be recovered from the applicant. For the above reasons, the applicant deserves bail. Hence, the following order:

O R D E R

(i) Bail Application is allowed.

(ii) Applicant GOPAL BHAGVAN NIKAM be released on bail on furnishing P.B. and S.B. of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety of the like amount, in Crime No.467 of 2022, registered by Police Station Bidkin, District Aurangabad, for the offences punishable under Sections 392, 395, 407, 120-B read with Section 34 of the IPC, on the condition to deposit Rs.98,000/- before the Trial Court within two (2) week from today. He shall not be released unless he deposit Rs.98,000/-.

(S. G. MEHARE, J.) ...

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