Prakash @ Baban S/O Vithalrao Apet v. The State Of Maharashtra

938-BA-332-2022.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD BAIL APPLICATION NO. 332 OF 2022 Prakash @ Baban Vithalrao Apet ... Applicant

Versus

The State of Maharashtra ... Respondent ....

Mr. S. S. Thombre, Advocate for applicant Mr. V. S. Badakh, APP for respondent - State ....

WITH CRIMINAL APPLICATION NO. 1508 OF 2022 Shriniwas Dhondiba Munde ... Applicant

Versus

Prakash @ Baban Vithalrao Apet and another ... Respondents ....

Mr. S. S. Jadhavar, Advocate for applicant Mr. S. S. Thombre, Advocate for respondent No.1 Mr. V. S. Badakh, APP for respondent No.2 - State ....

CORAM : R. G. AVACHAT, J.

DATED : 12th AUGUST, 2022 PER COURT :- .

Criminal Application No. 1508 of 2022 is allowed. The original complainant is permitted to assist the learned APP.

(( 2 )) 938-BA-332-2022 2.

Heard. This is an application for bail under Section 439 of the Code of Criminal Procedure. The applicant has been arrested in connection with Crime No.0233/2021, registered at Parali Rural Police Station, District Beed, for the offences punishable under Sections 420, 467, 468, 471, 406 read with 34 of the Indian Penal Code.

3.

Perused the First Information Report (FIR) and related papers.

As per the first charge-sheet, the amount involved is Rs.19,00,000/-. It was gradually enhanced to Rs.54,00,000/- by now. The applicant came around to deposit a sum of Rs.25,00,000/- under protest. He has been behind the bars for little over about ten months. On investigation, the charge-sheet has been filed. It will take time for commencement and conclusion of the trial. The application is allowed in terms of following order:

O R D E R

(i) The Bail Application is allowed.

(ii)The applicant be released on bail in connection with Crime No.0233/2021, registered at Parali Rural Police Station, District Beed, for the offences punishable under

(( 3 )) 938-BA-332-2022 Sections 420, 467, 468, 471, 406 read with 34 of the Indian Penal Code, on his executing P. R. bond in the sum of Rs.15,000/- (Rupees Fifteen Thousand) with surety bond of the like amount.

(iii)The applicant shall deposit before the trial Court a sum of Rs.25,00,000/- (Rupees Twenty Five Lakh) within a period of two weeks from today as condition precedent for release on bail.

(iv)The trial Court in turn, shall invest the said amount in fixed deposit until conclusion of the trial.

(v) The amount in deposit to abide by the final verdict of the criminal trial. If the applicant incurs civil liability (order of civil Court or authorities under the Cooperative Societies Act) to pay money in connection with the present crime, the amount deposited by him be appropriated towards discharge of such liability. (vi)The applicant shall not tamper with the prosecution evidence.

[ R. G. AVACHAT, J. ] SMS