Nagnath S/O Baburao Shendage v. The State Of Maharashtra

Cri. Appln. No. 528/15

IN THE HIGH COURT AT BOMBAY

APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 528 OF 2015 Nagnath s/o. Baburao Shendage ....Applicant.

Versus

The State of Maharashtra ....Respondents.

Mr. S.S. Thombre, Advocate for applicant.

Mr. A.V. Deshmukh, APP for State.

CORAM : T.V. NALAWADE, J.

DATED : 5th March, 2015.

ORDER :

1.

The application is filed for bail. Both the sides are heard.

2.

Chargesheet is already filed against the applicant for the offences punishable under sections 409, 420, 34 etc. of I.P.C. The submissions made show that the Chairman of the Society is already convicted for this offence and sentence to suffer R.I. for three years is given. He has filed appeal against said decision and in appeal, bail is granted to him.

3.

Bail was granted to the applicant in that case, but he

Cri. Appln. No. 528/15 remained absent and so, the case of that accused was separated. Subsequently, the present applicant came to be arrested and since September 2014 he is in jail. There is allegation that there was misappropriation of amount of Rs. 5 lakh and with interest, the complainant is saying that the amount due is Rs. 18.5 lakh. The judgment delivered against other accused shows that fine amount of Rs. 18.5 lakh is imposed. In view of these circumstances, this Court holds that some conditions needs to be imposed. In the result, the following order.

O R D E R

(I) The application is allowed. The applicant is to be released on bail on his furnishing PR and SB of Rs. 50,000/- (Rupees fifty thousand) with one solvent surety of like amount. He is not to be released unless and until he deposits Rs. 1,00,000/- (Rupees one lakh) as property in the said crime. Only after depositing the amount, he is to be released. He is to attend the case regularly.

(II) The Trial Court is expected to dispose of the case within six months from the date of this order. [ T.V. NALAWADE, J. ] ssc/