Banwari Lal Kushwah v. The State Of Maharashtra
2024:BHC-AUG:25413
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD 922 BAIL APPLICATION NO. 1734 OF 2024 AND 923 BAIL APPLICATION NO. 1735 OF 2024 BANWARI LAL KUSHWAH
VERSUS
THE STATE OF MAHARASHTRA ...
Advocate for Applicant : Mr. Pralhad D. Bachate and Mr. Vijay Saini APP for Respondent : Mr. S. B. Pulkundwar & Mr. G. O. Wattamwar ...
CORAM : S. G. MEHARE, J.
DATE : 17-10-2024 PER COURT :- 1.
Heard the learned counsel for the applicant and the learned APP for the respondent.
2.
The applicant seeks bail in C.R.No.255 of 2018 registered with Faujdar Chawadi Police Station, District Solapur, for the offences punishable under Sctions 409, 420, 120B read with Section 34 of the Indian Penal Code and in C.R.No. 430 of 2018 registered with Anandnagar Police Station, District Osmanabad, for the offences punishable under Sections 406, 418, 420, 468, 504 and 506 of the Indian Penal Code and Sections 3 and 5 of the Maharashtra Protection of Interest Depositors (In Financial Establishments) Act, 1999.
3.
Admittedly, there were many crimes registered against the
applicant on the identical allegations. The applicant was the promoter of financial institution. He had developed a huge business. He submits that the huge property around Rs.200 Crore against the liability of Rs.80 Crore of the depositors has been seized. Therefore, the interest of the depositors have been protected.
4.
The learned counsel for the applicant submits that in all cases there would be more than 400 witnesses. He did not violate bail conditions imposed him for other crimes. The learned A.P.P. submits that the offence is serious and the applicant may abscond. He may not be granted bail.
5.
Considering the facts of the case, the applicant deserves bail. Hence, the order:-
ORDER
i) Bail Applications are allowed.
ii) Applicant - Banwari Lal Kushwah, be released on bail on furnishing P.B. and S.B. of Rs.50,000/- with one solvent surety of the like amount in the above crimes, on the conditions that;
(a) He should not tamper with the prosecution witnesses. (b) He should attend the trial on each and every effective date.
(c) He should not protract the trial.
(d) He should not abscond.
(e) He should furnish his residential proof and cell phone numbers to the Investigating Officer with an undertaking that he would not change it till conclusion of the trial. (f) He should keep contact with the P.S.O. of the concerned Police Station on telephone on every third day of the month, between 10.00 a.m. and 1.00 p.m. till the trial is concluded.
( S. G. MEHARE ) JUDGE rrd