Sachin Ghayal Sugar Pvt. Ltd. Sanchlit Shree Sant Eknath Sahakari Sakhar Karkhana Ltd., Eknathnagar v. Harikisan Dattatraya Gade And Another

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 922 BAIL APPLICATION NO.1482 OF 2022 WITH APPLN/3146/2022 IN BA/1482/2022 HARIKISAN DATTATRAYA GADE

VERSUS

THE STATE OF MAHARASHTRA ...

Advocate for Applicant : Mr. Gore Ravindra Vitthal. APP for Respondent-State : Mr. S. B. Narwade. Advocate for Complainant to Assist APP : Mr. S. J. Salunke. ...

CORAM : S. G. MEHARE, J.

DATE : 24.11.2022 PER COURT :- 1.

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

2.

As per the audit report, the liability of Rs.17,59,051/- has been assessed against the applicant. Learned counsel for the applicant made a statement at bar that the applicant is ready to deposit the said amount before the learned Judicial Magistrate First Class at Paithan, within a week from today. There appears no dispute as regards to the amount of liability assessed by the audit report. As far as facts of the case are concerned, the applicant was a Transporter and Sugarcane

Supplier. He has been arrested on 09.08.2022. The material investigation against him is over. The public money alleged to have been siphoned by many accused in the present crime. The applicant has assured to deposit the amount as stated above. Considering the progress in the investigation, nothing appears to be recovered from him. Therefore, he may be granted conditional bail. Hence, the following order :

O R D E R

(i) Bail Application is allowed.

(ii) Applicant HARIKISAN DATTATRAYA GADE be released on bail on furnishing P.B. and S.B. of Rs.2,00,000/- (Rupees Two Lakhs only) with one or two sureties of like amount, in Crime No.119 of 2022, registered by Police Station M.I.D.C.

Paithan, District Aurangabad, for the offences punishable under Sections 406, 409, 420, 464, 468, 470, 471, 120-B read with Section 34 of the IPC, on the condition to deposit the amount of Rs.17,59,051/- in the Court of Judicial Magistrate First Class, Paithan either by cash or by Demand Draft within a week from today. The applicant

shall be released on bail only after depositing the above said amount.

(iii) Bail before the trial Court.

(iv) Criminal application No.3146 of 2022 to assist the learned APP is also allowed.

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

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