Dipak Pandurang Apte v. The State Of Maharashtra And Another

2025:BHC-AUG:3388

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 921 ANTICIPATORY BAIL APPLICATION NO. 86 OF 2025 DIPAK PANDURANG APET

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER ...

Advocate for Applicant : Mr. Salunke Sudarshan J. APP for Respondent/State: Ms. Neha B. Kamble ...

CORAM : ARUN R. PEDNEKER, J.

DATE : 06.02.2025 P.C. :

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

2] The applicant is apprehending arrest in connection with Crime No.177/2024, dated 14.06.2024, registered at Sonpeth Police Station, District Parbhani, for the offences punishable under Sections 420, 409, 34 of IPC. 3] This is a successive application as the earlier application was dismissed; as it was noticed that an amount of Rs.10,50,000/- was withdrawn by the applicant, showing direct involvement of the applicant.

4] The learned counsel for the applicant submits that after the order dated 09.12.2024 of this court there is a

notice dated 27.12.2024 issued by the concerned officer / Inquiry Officer - cum - Assistant Registrar, Co-operative Societies, Hingoli under Section 88 and Rule 72(2) of the Maharashtra Co-operative Societies Act, 1960 & the Maharashtra Co-operative Societies Rules, 1961 respectively for determination of the liabilities. In the schedule, the liability of the applicant is quantified as Rs.2,75,000/-. It is stated that the applicant has caused loss of Rs.2,75,000/- to the Bank. After passing of the order, now, the concerned authority crystilizes the amount of Rs.2,75,000/- towards the costs by the applicant and the learned counsel submits that the applicant is ready to deposit Rs.5,00,000/- to prove his bonafides.

5] In view of the offer made, the learned APP has not seriously opposed the application.

6] In view of the above, the application is allowed in the following terms :

i] The applicant shall deposit Rs.5,00,000/- before the concerned court / J.M.F.C., Sonpeth in Crime No.177/2024 within a period of two (02) weeks from today.

The concerned court to keep the money in fixed deposit of any nationalized bank and, thereafter, pass appropriate orders on the same; after the end of the trial.

In the event, the applicant does not deposit the amount with the stipulated period, the order passed today would stands automatically vacated.

ii] In the event the applicant is arrested in connection with Crime No.177/2024, dated 14.06.2024, registered at Sonpeth Police Station, District Parbhani, for the offences punishable under Sections 420, 409, 34 of IPC, he shall be released on bail on furnishing PR bond of Rs.15,000/- with one or two sureties in the like amount to the satisfaction of the trial Court.

iii] The applicant shall attend the police station as and when required by the Investigating Officer. iv] The applicant shall not tamper with the evidence of the prosecution in any manner. He shall not influence the informant, witnesses and other persons concerned with the case.

v] The applicant shall co-operate with the investigation and also in the proceedings before the trial Court.

7] In the event, the applicant violates any of the conditions specified in this order, it shall be liable to be cancelled.

8] It is also clarified that the observations made in this order are limited to the disposal of the present anticipatory bail application and the trial Court shall proceed further in the matter without being influenced by the observations made hereinabove.

9] The application stands disposed of.

[ARUN R. PEDNEKER] JUDGE marathe