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Bombay High CourtAPPLN/2111/2016application allowed

Tilakchand S/O. Gulabchand Methi v. The State Of Maharashtra

2016-05-03Hon'Ble Kum. Justice I.K. Jain3 pages

1 CR. APPLN. 2111/2016

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 2111 OF 2016 Tilakchand S/o Gulabchand Methi, Age 65 years, Occu. Business / Social work, R/o Village Takali, Rajarai, Tq. Khultabad, Dist. Aurangabad .. Applicant Vs.

The State of Maharashtra .. Respondent ---- Mr. A.T. Patel, Advocate h/f Mr. S.V. Bhagade, Advocate for the applicant Mr. U.S. Mote, A.P.P. for the respondent-State Mr. K.D. Jadhav, Advocate and Mr. A.D. Ostwal, Advocate for assist to APP ---- CORAM : INDIRA K. JAIN, J.

DATE : 03/05/2016 ORDER :

This is an application for regular bail in crime no. 137 of 2015 registered at Khultabad Police Station, Tq. Khultabad, Dist. Aurangabad for the offences punishable under sections 420, 406, 467, 471, 409, 120-B r/w. 34 of the Indian Penal Code.

2 CR. APPLN. 2111/2016 2.

Heard Mr. Patel, Advocate i/b Mr. Bhagade, learned counsel for applicant and Mr. Mote, learned A.P.P. for respondent/State. Perused papers of investigation.

3.

It is the case of prosecution that applicant being Sarpanch, was instrumental in playing fraud while implementing the scheme under Mahatma Gandhi National Rural Employment Guarantee Act. The allegations against applicant are that he illegally appointed Gram Rojgar Sevak - Shaikh Minaj and played a key role in opening of accounts, false withdrawals resulting to registration of above crime.

4.

It appears that Gram Rojgar Sevak, Shaikh Minaj has been released on anticipatory bail by the Sessions Court. No specific role is attributed to applicant particularly in the light of scheme. The allegations made are omnibus in nature. Applicant is behind bars since 29/2/2016. Two other co-

3 CR. APPLN. 2111/2016 accused have been also granted pre-arrest bail. 5.

In the light of the above, this Court is inclined to release the applicant on bail. Hence the following order :-

ORDER

(i) Criminal Application No. 2111 of 2016 is allowed.

(ii) Applicant is released on bail on P.B. and S.B. of Rs.15,000/- (Rs. Fifteen Thousand) each and also on depositing Rs.1,00,000/- (Rs. One Lakh), to show his bonafides.

(iii) He shall not tamper with the prosecution evidence and shall make himself available as and when required.

(iv) Bail before the trial Court.

[INDIRA K. JAIN] JUDGE arp/