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Bombay High CourtBA/2149/2024disposed off

Mira W/O Lakshman Jadhvar And Another v. The State Of Maharashtra And Another

2024-12-18Hon'Ble Shri Justice Arun R. Pedneker4 pages

2024:BHC-AUG:30332

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 977 BAIL APPLICATION NO.2149 OF 2024 1] MIRA W/O.LAKSHMAN JADHVAR 2] LAKSHAMAN S/O. GOPALRAO JADHAVAR

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER ...

Advocate for Applicant : Mr. S.W.Munde APP for Respondent-State : Mr.S.B.Pulkundwar ...

CORAM : ARUN R. PEDNEKER, J.

DATE : 18.12.2024 P.C. :

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

2] The applicants are seeking bail as they are arrested on 21.10.2024 in connection with Crime No. 162/2024, registered at Shirdhon Police Station, Shirdhon, for the offence punishable under Sections 420, 409, 465, 467, 471 r/w. 34 of the IPC.

3] It is alleged in the FIR that the applicant no.1 was the Headmistress of Jagruti Vidyamandir Devlali and also the President of Jagruti Bahuudeshiya Sevabhavi Sanstha, Latur. The applicant no.2 is the husband of applicant no.1, who is the Secretary of the said Sanstha. It is further alleged in the FIR that on the basis of forged

documents, the applicants obtained individual approval and permanent approval order of Shri G.B.Raut as Peon in the said school. An amount of Rs.2,87,361/- was credited to the account of Mr.G.B.Raut towards salary and thereafter withdrawn by the applicants. On the basis of said allegations, the FIR is lodged against the applicant by the Education Officer.

4] The learned counsel for the applicant submits that the applicant has deposited the amount of Rs.2,87,361/- in the Government Treasury and to that effect the applicant has produced receipt. The learned counsel for the applicant further submits that he would deposit Rs.15,000/- towards Library Fund to the office of the Government Pleader.

5] The learned APP has verified the fact in respect of deposit of amount of Rs.2,87,361/- in the Government Treasury.

6] Considering that the applicant has deposited amount of Rs.2,87,361/- in the Government Treasury and the applicant is in jail from 21.10.2024 and the investigation has substantially progressed and the evidene being substantially documentary, the application is allowed in the following terms :

a] The applicants shall be released on bail in connection with Crime No.162/2024, registered at Shirdhon Police Station, Shirdhon, for the offence punishable under Sections 420, 409, 465, 467, 471 r/w. 34 of the IPC, on furnishing PR bond of Rs.20,000/- each, with one or two sureties in the like amount to the satisfaction of the trial Court. b] The applicants, upon being released on bail, shall not contact the informant, in any manner whatsoever, during the pendency of the trial. c] The applicants shall co-operate with the trial Court and they shall attend each and every date, unless exempted by the trial Court.

d] The applicants shall not tamper with the evidence of the prosecution and they shall not influence the informant, witnesses and other persons concerned with the case.

e] The applicants, upon being released on bail, shall place on record of the trial Court the details of their Contact Number and residential address with updates in case of any change.

7] Needless to say, in case of violation of any of the aforesaid conditions, the bail granted to the applicant shall be liable to be cancelled. It is also clarified that the observations made in this order are limited to the disposal of the present bail application. The concerned Court shall proceed further in the matter without being influenced by the observations made hereinabove.

8] The application stands disposed of.

[ARUN R. PEDNEKER] JUDGE DDC