Prakash S/O Gangadharrao Wagh v. The State Of Maharashtra And ANR

-1-

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 5418 OF 2015 Prakash s/o Gangadharrao Wagh, Age: 55 years, Occ: Service, Serving as Principal, Shree Rameshwar Arts, Commerce and Science, Junior College, Bhokardan, R/o. Bazar Patti, Mahatma Phule Chowk, Bhokardan, Tq. Bhokardan, Dist. Jalna.

...Applicant versus The State of Maharashtra, Through Superintendent of Police, Jalna, Tq. & Dist. Jalna & anr.

...Respondents

.....

Mr. D.J. Choudhari, Advocate for applicant Mr. G.O. Wattamwar, A.P.P. for respondent/State .....

WITH CRIMINAL APPLICATION NO. 5302 OF 2015 Shri Ramdas Sakharam Shevale, Age: 57 years, Occ: Service, R/o. Jalna, Tq. Jalna, Dist. Jalna.

...Applicant versus The State of Maharashtra, Through Superintendent of Police, Jalna, Tq. & Dist. Jalna & anr.

...Respondents

WITH CRIMINAL APPLICATION NO. 5672 OF 2015 IN CRIMINAL APPLICATION NO. 5302 OF 2015 Totaram s/o Kundalik Jadhav, Age: 75 years, Occ: Agri., R/o. Dehed, Post Danapur, Tq. Bhokardan, Dist. Jalna.

...Applicant

-2versus The State of Maharashtra & ors.

...Respondents

.....

Mr. V. D. Sapkal, Advocate for applicant Mr. G.O. Wattamwar, A.P.P. for respondent/State Mr. M. M. Patil(Beedkar), Advocate for complainant .....

CORAM : N.W. SAMBRE, J.

DATE : 15th OCTOBER, 2015 ORAL ORDER :

Criminal Application No. 5672/2015 to assist the prosecution is allowed.

2.

In both these matters the offence is registered pursuant to the directions issued by the learned J.M.F.C. upon a complaint case preferred under Section 156(3) of Code of Criminal Procedure, who is in the governing body of trusts in relation to the alleged offence has taken place.

3.

Pursuant to the complaint and directions issued by the learned J.M.F.C., offence punishable under Section 420, 464, 470, 406, 407, 408, 409 of the Indian Penal Code came to be registered against the applicants. The applicant in Criminal Application No. 5302/2015 is Education Officer, whereas the applicant in Criminal Application No. 5418/2015 is the Principal.

-34.

Looking to the nature of allegations made in the complaint, in my opinion, custodial interrogation of the applicants is not necessary as they are public servants and there is hardly any likelihood of running away from the process of justice. Apart from above, the applicants are very much available for the investigation. 5.

In view thereof, it will be appropriate to order the release of the applicants on bail. Hence, I proceed to pass the following order.

(a) In the event of arrest, the applicants be released on bail, upon furnishing P.R. bond of Rs.20,000/- (Rs. Twenty thousand) with one surety in the like amount by each of them, in connection with Crime No. MK-1/2015 registered with Bhokardan Police Station, District Jalna for the offence punishable under Sections 420, 464, 470, 406, 407, 408, 409 of the Indian Penal Code.

(b) The applicants shall attend the concerned Police Station for two days between 10-00 to 11-00 a.m. and thereafter as and when called.

6.

Criminal Applications are allowed in above terms. [ N.W. SAMBRE, J. ] Tupe/15.10.15