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Bombay High CourtBA/1660/2021application allowed

Ramchandra Babruvahan Patil v. The State Of Maharashtra

2022-07-19Hon'Ble Shri Justice R. G. Avachat3 pages

965-BA-1660-2021.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD BAIL APPLICATION NO. 1660 OF 2021 Ramchandra Babruvahan Patil ... Applicant

Versus

The State of Maharashtra ... Respondent ....

Mr. Mahesh S. Deshmukh, Advocate for applicant Mr. V. S. Badakh, APP for respondent - State ....

CORAM : R. G. AVACHAT, J.

DATED : 19th JULY, 2022 PER COURT :- .

This is an application for bail under Section 439 of the Code of Criminal Procedure. The applicant has been arrested in connection with Crime No.0115/2021, registered with Mehunbare Police Station, District Jalgaon, for the offences punishable under Sections 420, 418, 409, 465, 467, 468, 471, 477-A, 120-B, 201 read with 34 of the Indian Penal Code.

2.

Heard. Perused the First Information Report (FIR) and related papers.

(( 2 )) 965-BA-1660-2021 3.

The applicant was the Secretary of Vividh Karyakari Seva Sahakari Society Limited, Pimpalwad Mhalsa, Taluka Chalisgaon, District Jalgaon. He is alleged to have committed offence of breach of trust. The amount misappropriated is Rs.51,29,612.47/-. A sum of Rs.24,85,809.47/- thereof is with the Jalgaon District Central Cooperative Bank Limited. As such, the applicant is alleged to have misappropriated the amount i.e. Rs.26,43,803/-. He is behind the bars since seven months. The charge-sheet has been filed. 4.

Now, the applicant on his own offers to deposit that much amount under protest. The learned APP, therefore, has no objection to grant the applicant, bail. Hence, following order:

O R D E R

(i) The Bail Application is allowed.

(ii) The applicant shall deposit a sum of Rs. 26,43,803/- within a period of six weeks from the date of this order. 1/4th thereof has to be deposited within a period of two weeks as condition precedent for his release on bail.

(iii) Subject to the above conditions, the applicant be released on bail in connection with Crime No.0115/2021, registered with Mehunbare Police

(( 3 )) 965-BA-1660-2021 Station, District Jalgaon, for the offences punishable under Sections 420, 418, 409, 465, 467, 468, 471, 477-A, 120-B, 201 read with 34 of the Indian Penal Code, on his executing P. R. bond in the sum of Rs.15,000/- (Rupees Fifteen Thousand) with surety bond of the like amount.

(iv) In case, the entire amount offered to be deposited is not paid within time frame, the order granting him bail to stand cancelled automatically.

(v) The applicant shall not tamper with the prosecution evidence.

[ R. G. AVACHAT, J. ] SMS