Sonu Patil @ Bhushan Anil Desle v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 29 ANTICIPATORY BAIL APPLICATION NO.1383 OF 2021 SONU PATIL @ BHUSHAN ANIL DESLE

VERSUS

THE STATE OF MAHARASHTRA Sonu Patil @ Bhushan Anil Desle Age 31 years, Occu: Business R/o Mukti Tq. & Dist. Dhule ...

Applicant

VERSUS

The State of Maharashtra, Through Dhule Taluka Police Station Dist. Dhule.

...

Respondent Mr. Chaitanya C. Deshpande, Advocate for the applicant, Mr. A. S. Shinde, A.P.P. for the State.

CORAM

: PRAKASH D. NAIK, J.

DATE : 6th December, 2021 ORDER:

1.

This is an application for anticipatory bail in Crime No. 641 of 2021, registered with Dhule Taluka Police Station, District Dhule for the offence under sections 406, 420 of the Indian Penal Code. 2.

The case of the complainant is that from 08.10.2021 to 13.10.2021, Cotton Traders Deepak Patil, Sawkar Patil, Kishor Sonawane, Sonu Patil (Applicant), Pintu Badgujar had gained confidence of the farmers and purchased cotton. It was weighed on a

faulty scale causing loss to the farmers by miscalculating the weight of the cotton. Accused took away 7 to 8 quintals cotton. 3.

Learned counsel for the applicant submitted that payment relating to the cotton which was purchased was made to the farmers. Although in the first information report it is alleged that other farmers were also deceived in the same fashion, no such complaint has been received nor any such statements are recorded. Accused Kishor Sonawane and Pintu @ Sandip Badgujar were arrested and granted regular bail. One of the ground for granting bail is that further custodial interrogation is not necessary. Articles required were already seized. 4.

Learned APP submitted that payment to the farmers even under disputed price has not been made. Aggrieved persons were deceived by the applicant and co-accused.

5.

Learned counsel for the applicant, on instructions, submitted that without admitting the guilty and to show his bonafides, the applicant would deposit amount Rs.50,000/- in this case within a period of four weeks from today.

6.

It is noted that co-accused Kishor Sonawane and Pintu Badgujar had been arrested and granted bail. The dispute was with regard to weight of the cotton purchased by the accused.

7.

In view of above, the statement of learned counsel for the applicant, on instructions from the applicant, is accepted and the applicant is permitted to deposit the amount in this Court. 8.

Hence, I pass the following order :-

O R D E R

i.

Anticipatory Bail Application No. 1383 of 2021 is allowed; ii.

In the event of arrest of the applicant in Crime No. 641 of 2021, registered with Dhule Taluka Police Station, District Dhule, the applicant be released on bail on executing PR bond in the sum of Rs. 25,000/- with one or more sureties in the like amount; iii.

The applicant shall deposit amount of Rs.50,000/- in this Court within a period of four weeks from today.

iv.

In the event the charge sheet is filed against the applicant, the amount deposited in this Court may be transferred to the trial court and the said court shall deal with the amount deposited at appropriate stage in accordance with law.

9.

Anticipatory Bail Application stands disposed of accordingly. (PRAKASH D. NAIK, J.) JPC