Laxman Dayaram Patil v. The State Of Maharashtra

(1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD BAIL APPLICATION NO.477 OF 2023 LAXMAN DAYARAM PATIL

VERSUS

THE STATE OF MAHARASHTRA ...

Advocate for Applicant : Mr. Brahme Shailesh P APP for Respondent/State : Mr. K.S. Patil ...

CORAM : S.G. MEHARE, J.

DATED : MARCH 29, 2023 PER COURT:- 1.

Heard learned counsel for the applicant and learned APP for the State.

2.

The applicant was the chief accountant in Panchayat Samiti. It has been alleged that the applicant and co-accused have misappropriated the public fund. The prosecution has a evidence that an amount of Rs.85,000/- was transferred in the bank account of the applicant. The applicant denying the allegations offered to deposit Rs.85,000/- within a week.

3.

The learned APP wants time to collect the handwriting expert report and prayed to extend the time.

4.

Perused the papers. It seems that many officials concerned with the scheme have siphoned huge money. Admittedly, the amount of Rs.85,000/- was transferred in the account of the

(2) applicant. As far as the handwriting expert report is concerned, the prosecution has already collected the samples of signatures and handwriting of the applicant and it was a process collecting the evidence. Till getting the handwriting expert report, it would be inappropriate to keep the applicant behind bar. The applicant has undergone the police custody for sufficient time. The material investigation has been completed against him. He may be directed to appear before the investigation officer for further investigation anytime in future.

4.

In the facts and circumstances of the case, the applicant deserve bail. His bonafide to deposit Rs.85,000/- has been accepted. Hence, the following order :

ORDER

(i) Bail Application is allowed.

(ii) The applicant, Laxman Dayaram Patil, be released on bail on executing P.B. and S.B. of Rs.50,000/- (Rupees fifty thousand) with one solvent surety in the like amount in connection with Crime No.126 of 2022, registered with Raver Police Station, District Jalgaon for the offence punishable under Section 406, 409, 420, 465, 467, 468, 471 read with Section 34 of the Indian Penal Code, on the conditions that he shall not tamper with the prosecution witnesses. (iii) The applicant shall attend the concerned police station if called on written notice by the investigating officer for further investigation.

(3) (iv) The applicant shall deposit Rs.85,509/- in the account of Panchayat Samiti, Raver, Swaccha Bharat Mission within a week from today.

(v) The applicant shall be released on bail after depositing the amount.

(S.G. MEHARE, J.) Mujaheed//