Dipak Tarachand Patil v. The State Of Maharashtra

918-ABA.1215-22.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 918 ANTICIPATORY BAIL APPLICATION NO.1215 OF 2022 DIPAK TARACHAND PATIL

VERSUS

THE STATE OF MAHARASHTRA ...

Advocate for Applicant : Mr. Jagiasi Dinesh S. APP for Respondent-State : Mr. K. S. Patil.

...

CORAM : S. G. MEHARE, J.

DATE : 21.09.2022 PER COURT :- 1.

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

2.

At the relevant time, the applicant was Assistant Labour Commissioner. The proceeding was filed for the claim of retiral benefits. Earlier part payment of Rs.55,00,000/- was deposited by the Collector and it was disbursed by his earlier Officers. The allegations against the applicant are that the amount received in second installment was deposited by him directly in the name of Marathwada Lal Bawata Kamgar Union instead of paying to the labourers individually. Except this, there are no allegations against the applicant. The applicant also faced the departmental inquiry. The applicant has been retired long back.

918-ABA.1215-22.odt The prosecution has no case that the applicant had transferred the money in his own account. As per the earlier order, he has deposited the amount with the labour union. The prosecution itself has a case that the money has been paid by the applicant to the labour union through cheque.

3.

Considering the allegations, this Court is of the view that the custodial interrogation of the applicant would serve no purpose. Hence, the following order :

O R D E R

(i) The application is allowed.

(ii) In the event of arrest, applicant DIPAK TARACHAND PATIL, be released on bail on furnishing P.B. and S.B. of Rs.25,000/- (Rupees Twenty Five Thousand only) with one solvent surety in the like amount in Crime No.293 of 2022, registered with Police Station Shivaji Nagar, District Latur, for the offences punishable under Sections 406, 409, 420 read with Section 34 of the IPC, on the condition to attend the Police Station as and when called by the Investigating Officer on written notice.

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

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