Harish Ramesh Jangale v. The State Of Maharashtra
2025:BHC-AUG:10394 {1}
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD BAIL APPLICATION NO.273 OF 2025 Harish Ramesh Jangale, Age: 48 years, Occu.: Business, R/o. 32, Wadibhokar Road, Behind Paras Mangal Karyalaya, Shivaji Nagar, Deopur, Dhule ... Applicant
Versus
The State of Maharashtra ... Respondent ......
Mr. Joydeep Chatterji, Advocate for Applicant Mr. C.V. Bhadane, APP for Respondent - State ......
CORAM : ABHAY S. WAGHWASE, J.
RESERVED ON : 03 APRIL 2025 PRONOUNCED ON : 08 APRIL 2025 PER COURT :- 1.
Present application is for enlargement on regular bail on account of arrest of the applicant in Crime No.370 of 2023, registered with Dhule City Police Station, District Dhule for offences punishable under Sections 406, 420, 417, 465, 467, 468, 471, 474 read with Section 34 of the Indian Penal Code (IPC) and under Sections 66(C) and 66(D) of the Information and Technology Act.
{2} 2.
Pointing to the date of arrest of the applicant as 07.06.2024, learned counsel submitted that, there are allegations of luring the investors and cheating them. Learned counsel pointed out that, applicant is merely acquitting with the informant. That, out of Rs.2,00,000/-, applicant has received only Rs.1,00,000/-. Learned counsel took this Court through the list of investors to whom amounts have already been returned. He also took this Court through the bank statement of the applicant issued by State Bank of India, of which applicant is account holder and pointed out that, applicant is not beneficiary of huge amount. He further pointed out that, investigation is over and charge-sheet is already filed in August 2024.
However, pointed to the Rojnama, it is submitted that, matter is held up on the stage of framing charge or for production of accused. Therefore, it is a submission that, uncertainty prevails over the trial itself, and that, applicant is behind the bars since more than ten months. Lastly, learned counsel submitted that, the applicant is ready to abide by all and any conditions imposed by this Court, therefore, he urges for grant of bail 3.
Learned APP opposed on the ground that, there is fraud and misappropriation to the tune of Rs. 75,00,000/-. That, there
{3} are allegations against the present applicant that he committed misappropriate to the tune of Rs.36,00,000/-. Learned APP also apprehends misuse of liberty.
4.
Considering the above submissions, this Court had called for a report from the learned trial Judge, who is seized of the matter, more particularly in view of the statement across the bar that there is uncertainty over the trial, and several dates have been shown for framing charges, with the accused not being produced. This Court is in receipt of report dated 27.03.2025, wherein learned Judge has conveyed that, in the present matter charge is yet to be framed, because the Court is busy in recording evidence in older cases, such as MCOCA cases and cases involving under trial prisoners, some of which are 5 to 30 years old, as per the directions given by the Hon'ble Supreme Court and the Hon'ble High Court. The report clearly suggests the inability of the trial Court to commence the Sessions Case of the present applicant in the near future Precisely, on such ground only, applicant succeeds as investigation is over and charge-sheet is already filed, and no further recovery or discovery is yet to be made at his instance. Hence, the following order :
{4}
ORDER
(i) Application is allowed.
(ii) The applicant be released on bail in connection with Crime No.370 of 2023, registered with Dhule City Police Station, District Dhule on executing Personal Bond of Rs.15,000/- with one surety in the like amount on following conditions: [a] The applicant shall not tamper prosecution evidence. [b] The applicant shall not leave the area of jurisdiction of the concerned police station, without prior permission of the Court, till conclusion of trial.
ABHAY S. WAGHWASE, JUDGE S P Rane