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Bombay High CourtAPPLN/6823/2015application allowed

Rajusingh Shankarsingh Thakur v. The State Of Maharashtra

2016-01-19Hon'Ble Shri Justice Nitin W. Sambre3 pages

(1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO.6823 OF 2015 Rajusingh Shankarsingh Thakur ..APPLICANT

VERSUS

The State of Maharashtra ..RESPONDENT Mr P.S. Paranjape, Advocate for applicant;

Mr S. J. Salgare, Addl. Public Prosecutor for respondent; Mr Sachin S. Deshmukh, Advocate to assist Addl. Public Prosecutor CORAM : N.W. SAMBRE, J.

DATE : 19th January, 2016 ORDER :

By the present application under section 439 of the Code of Criminal Procedure, the applicant seeks his release on bail, in connection with C.R. No.6 of 2014, registered with Police Station Hingoli (Town), Hingoli, for offences punishable under sections 406, 409, 420, 465, 466, 467, 468, 471, 472, 473, 474, 477-A read with section 34 of the Indian Penal Code. 2.

The case of the prosecution is that the applicant, while working with Nagnath Urban Co-operative Bank of which Sanjay Pande was Branch Manager, has supported illegal transaction of said Branch Manager. 3.

The offence came to be registered pursuant to an order under section 156 (3) of the Code of Criminal Procedure.

(2) 4.

The applicant was arrested and was subjected to interrogation. 5.

The investigation in the matter is almost complete. 6.

Mr Paranjape, learned Counsel appearing on behalf of the applicant, while trying to make out a case for grant of bail, would urge that further detention of the applicant is not necessary, particularly in the background of the fact that the applicant is not the main accused and Sanjay Pande,who is main accused in the crime, has already repaid loan of Rs.5 Lacs and odd. The role ascribed to the present applicant is that of providing User I.D. He would urge that it is not reflected from the investigation papers that the applicant is beneficiary of the illegal loan transaction.

7.

The prayer is opposed by the learned Addl. Public Prosecutor, who is assisted by the learned Counsel for the complainant, on the ground that the amount of Rs.2 Lacs and odd is yet to be recoverred. 8.

In the above background, in my opinion, for recovery of the amount, further detention of the applicant is not necessary. The investigation is almost over and applicant does not appear to be beneficiary of the illegal loan transaction. Thus, in my opinion, it will be appropriate to enlarge the applicant on bail. I, therefore, pass following order :-

(3) The applicant be released on bail, in connection with C.R. No.6 of 2014, registered with Police Station Hingoli (Town), Hingoli, for offences punishable under sections 406, 409, 420, 465, 466, 467, 468, 471, 472, 473, 474, 477-A read with section 34 of the Indian Penal Code, on furnishing P.R. Bond of Rs.25,000/- with one surety in the like amount. Criminal Application stands allowed in above terms. (N.W. SAMBRE, J.) amj