Anand Kerba Dhanwade v. The State Of Maharashtra

1 Cr.Apln. 582.2015

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 582 OF 2015 Anand Kerba Dhanwade .... APPLICANT V E R S U S The State of Maharashtra .... RESPONDENT .............................

Mr. S.S.Bora, Advocate for Applicant.

Mrs. V.A. Shinde, A.P.P. for Respondent - State. ..............................

CORAM : V.M.DESHPANDE, J.

DATE : 26th MARCH, 2015 .............................

PER COURT :

1.

By this application, the applicant is seeking his enlargement on bail in connection with Crime No. 144/2013 for the offences punishable u/s 420, 409, 417, 419, 463, 462, 468, 471 read with 34 of the Indian Penal Code registered with Police Station Mukhed, Dist. Nanded. 2.

Heard Mr. S.S.Bora, the learned Counsel for the applicants and Mrs. V.A.Shinde, the learned A.P.P. for the respondent - State.

3.

The applicant is in jail since 14/01/2015. His

2 Cr.Apln. 582.2015 police custody remand was obtained by the Investigating Officer only for one day and thereafter the applicant is in magisterial custody remand.

4.

The applicant is Extension Officer (Statistics). The F.I.R. was registered on the basis of an application filed by one Murlidhar Govind Dhumne before the learned Magistrate u/s 156 (3) of the Code of Criminal Procedure. 5.

The offence is registered as Crime No. 144/2013 dated 19/11/2013 with police station Mukhed. The learned A.P.P. has submitted that detail reply is filed in C.A. No. 581 of 2015. The nature of allegation in the F.I.R. concerning Criminal Application No. 581 of 2015 and the present F.I.R. are identical. Hence, she submitted that the reply filed in Criminal Application No. 581 of 2015 be treated as reply in present application. This Court after considering the reply has granted bail to the applicant in Criminal Application No. 581 of 2015.

6.

It appears that most of the investigation is on the verge of completion. Further, according to the learned counsel for the applicant, the applicant is already placed under suspension and, therefore, even after his release on bail, he should not be able to have any control or access to the said documents.

7.

In the light of the aforesaid discussion, the Court is of the opinion that the applicant can be enlarged on bail.

3 Cr.Apln. 582.2015 8.

Hence, I pass the following order :

(i) The present Criminal Application is allowed.

(ii) The applicant be released on bail in connection with Crime No. 144/2013 for the offences punishable u/s 420, 409, 417, 419, 463, 462, 468, 471 read with 34 of the Indian Penal Code registered with Police Station Mukhed, Dist. Nanded on he executing P.R. Bond of Rs. 10,000/- [Rupees Ten Thousand] with two solvent sureties of like amount. Bail before the trial Court.

(iii) The applicant shall not tamper with the prosecution case.

(iv) The applicant is further directed to attend police station Mukhed, Dist. Nanded once in a week preferably on every Sunday in between 3.00 p.m. and 4.00 p.m. till the charge sheet is filed. (v) With these observations, present Criminal Application is disposed of.

[V.M.DESHPANDE, J.] KNP/Cr.Apln. 582.2015