Dinesh Purushottam Mendhey v. Pawan Aravindrao Rangdal And Another

IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD ANTICIPATORY BAIL APPLICATION NO.202 OF 2022 WITH CRIMINAL APPLICATION NO.845 OF 2022 Pawan Aravindrao Rangdal ...APPLICANT

VERSUS

The State of Maharashtra ...RESPONDENT ...

Mr.Sagar S. Phatale Advocate for Applicant in Anticipatory Bail Application No.202 of 2022 Mr.B.V. Virdhe, A.P.P. for Respondent-State.

Mr.C.V. Dharurkar Advocate for Applicant in Criminal Application No.845 of 2022 for assist to APP. ...

CORAM: SMT. VIBHA KANKANWADI, J.

DATE OF RESERVING ORDER : 21st MARCH 2022 DATE OF PRONOUNCING ORDER : 19th APRIL 2022 ORDER :

1.

Criminal Application No.845 of 2022 moved for assist to APP stands allowed and disposed of.

2.

Applicant is apprehending his arrest in connection with Crime No.60 of 2022 registered with Sadr Bazar Police Station, Jalna, District-Jalna for the offence punishable under Section 420 read with Section 34 of the Indian Penal Code. 3.

Heard learned Advocate Mr. Phatale for the applicant and learned APP Mr. Virdhe for the respondent - State well assisted by learned Advocate Mr. Dharurkar for the informant. In order to cut-short, it can be stated that both the sides have made submissions in support of their respective contentions. 4.

The First Information Report ( in short "FIR") has been lodged by one Dinesh Purushottam Mendhe, In-charge Branch Manager of Bank of Baroda, Shivaji Maharaj Statue Branch, Jalna. Present applicant is serving with Bank of Baroda as cashier. The informant received complaint from a customer on 21st January 2022. It was stated by the complainant that on 21st January 2022 he had deposited an amount of Rs.20,000/- for which the applicant had given receipt. So also the other customers had given amount to the applicant for depositing the same in their respective accounts, however all those amounts (amount totaling to Rs.2,28,000/-) have not been deposited by the present applicant in the accounts of those respective

customers but the cash was given by him to one Vaishnav Machindranath Aambekar. Then said Vaishnav Aambekar has deposited that amount in the personal account of the applicant. Informant, therefore, states that the Bank as well as those customers have been cheated.

5.

Substantial part of the investigation appears to be completed. Statements of the witnesses have been recorded. Account extracts of the customers have also been collected. It will not be out of place to mention here that on behalf of the applicant a statement was made on 23rd February 2022 that applicant would voluntarily deposit the respective amounts in the respective accounts mentioned in the FIR and accordingly, interim protection was granted and the applicant was directed to file an affidavit and show the receipts. Accordingly, affidavit has been filed on 15th March 2022 by the applicant stating that he has complied with his own voluntary statement and deposited the amount in the respective accounts. Receipts have also been produced. So also the Investigating Officer appears to have recorded supplementary statement of the informant, which states that the applicant has deposited the amount.

6.

Now, in view of the fact that the investigation has proceeded further and it mostly depends upon the documents and amount is also now deposited, the physical custody of the applicant is not required and therefore, the interim protection granted to the applicant deserves to be confirmed. Accordingly, following order is passed:-

O R D E R

i) Application stands allowed.

ii) The interim protection granted to the applicant by this Court by order dated 23rd February 2022 stands confirmed. It is thus clarified that in the event of arrest of the applicant - Pawan Ravindra Rangdal in connection with Crime No.60 of 2022 registered with Sadr Bazar Police Station, Jalna, District-Jalna for the offence punishable under Section 420 read with Section 34 of the Indian Penal Code, he be released on bail on PR Bond of Rs.30,000/- (Rupees Thirty Thousand) with two solvent sureties of Rs.15,000/- (Rupees Fifteen Thousand) each, if already not released.

iii) Applicant shall remain present before the Investigating Officer as and when called and co-operate with the investigation. iv) Applicant shall not indulge in any criminal activity nor shall tamper with the prosecution evidence, in any manner. v) Criminal Application No.845 of 2022 stands disposed of. [ SMT. VIBHA KANKANWADI , J. ] asb/APR22