Bombay High CourtBA/1109/2022application allowed

Laxman Sakharam Jadhav v. The State Of Maharashtra

2022-10-07Hon'Ble Shri Justice R. G. Avachat2 pages

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD BAIL APPLICATION NO.1109 OF 2022 Laxman Sakharam Jadhav ... APPLICANT

VERSUS

The State of Maharashtra ... RESPONDENT .......

Mr. N.V. Gaware, Advocate for applicant Mr. V.S. Badakh, A.P.P. for respondent - State .......

CORAM :

R. G. AVACHAT, J.

DATE :

7th OCTOBER, 2022.

PER COURT :

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.6293/2020, registered with Topkhana Police Station, Ahmednagar. 2.

The applicant was one of the Director of the Cooperative Credit Society. As per the case of the prosecution itself, he is not involved in misappropriation of any of the funds of the Society. The charge against him and the others is about reckless grant of loans to various borrowers. It is informed that, an Administrator has now been appointed and the proceedings for recovery of loan amount from the concerned borrowers have been initiated. It is informed by

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the learned counsel for the applicant that, the applicant has been exonerated of civil liability under Section 83 of the Maharashtra Co-operative Societies Act. The applicant is in jail for little over 10 months. On investigation, the charge sheet is filed. It will take time for commencement and conclusion of the trial. In forensic audit report, no finger has been attributed to the applicant. In view of the above, the Court is inclined to grant the applicant bail. Hence the order :

O R D E R

(i) The bail application is allowed.

(ii) The applicant be released on bail in connection with Crime No.6293/2020, registered with Topkhana Police Station, Ahmednagar on his executing P.R. bond in the sum of Rs.5,00,000/- (Rupees five lakhs) with one or two sureties in the like amount.

(iii) The applicant shall surrender his Passport to the concerned police station.

(iv) The applicant shall not tamper with the prosecution evidence.

( R. G. AVACHAT, J. ) fmp/-