Bablu Babulal Bhalke v. The State Of Maharashtra And Another

2025:BHC-AUG:3977

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 927 ANTICIPATORY BAIL APPLICATION NO. 1947 OF 2024 BABLU BABULAL BHALKE

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER ...

Advocate for Applicant : Mr. Ganesh J. Kore APP for Respondent/State: Mr. N. B. Patil ...

CORAM : ARUN R. PEDNEKER, J.

DATE : 12.02.2025 P.C. :

1] Heard learned counsel for the applicant and the learned APP for the respondent-State.

2] The applicant is apprehending arrest in connection with Crime No.451/2023, dated 23.08.2023, registered at Omerga Police Station, District Osmanabad, for the offences punishable under Sections 406, 420 of IPC. 3] This court by order dated 16.12.2024 granted interim protection to the applicant recording the submission and reasons, at paras 3 and 4, as under:

"3] The learned counsel for the applicant submits that the applicant would deposit Rs.57,000/- in this court. He submits that the applicant has not received the amount into his account and he is not the beneficiary of this amount as contended in the FIR.

4] Although, this court had adjourned the matter earlier to get the instructions, whether the money is received in the account of the applicant, which is transmitted from the account of the complainant to the account of the applicant. Since, the APP has not get the instructions from the Bank, although, the matter was adjourned earlier occasions, today, this court would grant interim protection, subject to deposit of amount of Rs.57,000/- within a period of one (01) week from today in this court by the applicant."

4] The amount of Rs.57,000/- as is stated to have been siphoned by the applicant from the account of the informant has been deposited by the applicant before this court.

5] In view of the above, the interim protection granted by order dated 16.12.2024 stands confirmed, on the following terms:

i] The applicant shall attend the police station as and when required by the Investigating Officer. ii] The applicant shall not tamper with the evidence of the prosecution in any manner. He shall not influence the informant, witnesses and other persons concerned with the case.

iii] The applicant shall co-operate with the investigation and also in the proceedings before the trial Court.

6] In the event, the applicant violates any of the conditions specified in this order, it shall be liable to be cancelled.

7] It is also clarified that the observations made in this order are limited to the disposal of the present anticipatory bail application and the trial Court shall proceed further in the matter without being influenced by the observations made hereinabove.

8] The amount deposited in this court shall be transmitted to the trial court in Crime No.451/2023. The trial court would be entitled to pass appropriate orders regarding the deposited amount at the end of the trial. 9] The application stands disposed of.

[ARUN R. PEDNEKER] JUDGE marathe