Sardar Sukhbirsingh S/O Diwansing Chandok v. The State Of Maharashtra And ANR
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
BENCH AT AURANGABAD CRIMINAL APPLICATION NO.4622 of 2015 Narendrasing Pritamsing Chatwal, Age 57 years, Occu. Business, R/o Mitra Nagar, Aurangabad ..Applicant
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The State of Maharashtra, through its Jawaharnagar Police Station, Aurangabad ..Respondent Ms Surekha Mahajan, Advocate for applicant Mr S.R. Palnitkar, A.P.P. for respondent Mr P.D. Suryawanshi, Advocate, assisting the A.P.P. WITH CRIMINAL APPLICATION NO.4989 OF 2015 IN CRIMINAL APPLICATION NO.4622 OF 2015 Sardar Sukhbirsingh Diwansingh Chandok ..Applicant
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State of Maharashtra and anr.
..Respondents Mr P.D. Suryawanshi, Advovcate for applicant Mr S.R. Palnitkar, A.P.P. for respondent No.1 Ms Surekha Mahajan, Advocate for respondent No.2 CORAM : N.W. SAMBRE, J.
DATE : 14th September 2015 PER COURT Heard.
2.
The applicant is seeking regular bail in Crime No.3012/2015 registered on 1st May 2015 at Jawaharnagar Police Station, District Aurangabad, for offences punishable under Section 39, 45, 48 of Maharashtra Money Lending Regulation Act, 2014.
3.
It is the case of the prosecution that applicant in the present case, without any licence for money lending has committed offence by lending money and committed himself contrary to the provisions of said Regulation.
4.
The offence is punishable for maximum five years imprisonment.
5.
According to learned Counsel for the applicant, the applicant was arrested on 19th August 2015. As the offence is not serious one and is punishable with five years imprisonment, regular bail is sought in the matter, as it is claimed that he was falsely implicated in the crime. According to applicant, he is in Magisterial custody and there is no cause for his further detention.
6.
Learned Assistant Public Prosecutor, while opposing the bail application has submitted that upon search, it was noticed that applicant was having various properties and same is required to be investigated into in the background of above act. Apart from above, it is stated that the applicant may tamper with the evidence, if released. 7.
Criminal Application No.4989 of 2015 is preferred by the complainant seeking permission to assist the prosecution, which is for the reasons stated in the application is allowed. 8.
Apart from above referred background, it is required to be noted that the offence with which the applicant is alleged to have been involved in, is not a serious offence punishable with life or death. If
there is any further investigation against the applicant, in any other matter, the Investigation Officer will be free to arrest the applicant in any new crime if so noticed, as further custody of the applicant in this case,in my opinion will be of hardly any assistance. As the offence is punishable with five years of imprisonment, it will be appropriate to order release of the applicant on following conditions: (I) The applicant Narendrasing Pritamsing Chatwal be released on bail in the above referred Crime No.II-3012/2015, upon furnishing P.R. Bond of Rs.25,000/- (Rs. Twenty-five thousand) with two sureties in the like amount;
(II) The applicant shall not tamper with the evidence and shall make available for further investigation;
(III) The applicant shall keep himself away from the jurisdiction of Police Commissionerate, Aurangabad till filing of the charge-sheet, except to attend the Investigation Officer for present proceedings; (IV) The applicant shall provide his contact number with his residential address to the Investigation Officer and shall co-operate in investigation.
10.
Criminal Application stands disposed of in above terms. ( N.W. SAMBRE, J.)
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