Ashok S/O Sopanrao Jadhav v. The State Of Maharashtra

-:(1):- FARAD CONTINUATION SHEET NO.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD.

APPELLATE SIDE JURISDICTION Office Notes, Office Memoranda of Coram, appearance, Court's orders or directions and Registrar's orders.

Court's or Judge's orders.

CRIMINAL APPLICATION NO. 6385 OF 2014 ASHOK S/O SOPANRAO JADHAV

VERSUS

THE STATE OF MAHARASHTRA ...

Advocate for Applicant :Mrs. C. S. Deshmukh, Advocate h/f Mr. Badakh Vishal S.

APP for Respondent: Mr. M. M. Nerlikar.

***

CORAM:

T. V. NALAWADE, J.

DATED:

12th JANUARY, 2015.

PER COURT:

1.

The application is filed for bail.

2.

Both the sides are heard.

3.

This Court has perused the papers of investigation. Perused various orders made by this Court and information was sought from both sides with regard to those orders. 4.

The Applicant was working as President of Water Supply Committee of Village Waghebabalgaon. There are allegations that he and other accused, Secretary, misappropriated the amount of more than Rs.13.81 Lakhs of the scheme and the amount was provided for water supply

-:(2):- scheme but the work was not executed and the amount was misappropriated. The report was given by the Officer, after making the assessment of the work, after making measurement and after going through the balance in hand of the committee. Submissions made show that some amount was actually utilised but there was no account in respect of the amount of Rs.13.81 Lakhs and work of that value was not executed.

5.

The previous application was withdrawn when this Court had expressed that the Court is not inclined to grant bail. It appears that the applicant has been behind bars since 3rd August, 2014. In view of the orders made by this Court, the applicant has shown readiness to deposit fifty percent of the so called misappropriated amount. It can be said that both the Applicant and the Secretary can be held equally responsible. So, the application is allowed subject to following conditions.

6.

The applicant to be released on bail in Crime No.253 of 2013 registered at Police Station, Kaij, District Beed, for offence punishable under sections 409, 420 read with 34 of Indian Penal Code, on his furnishing P.R. and S.B. of Rs.30,000/- with one solvent surety of the like amount. 7.

He is not to tamper with the prosecution witnesses. He is not to commit similar offence.

8.

The applicant is to be released only after he deposits

-:(3):- the amount of Rs.6.9 Lakhs in aforesaid crime. [T. V. NALAWADE, J.] Dt.12/01/2015 ans/6385