Yogesh S/O Narayanrao Rana (In Jail) v. State Of Maharashtra, Through P.S.O. City Kotwali, Amravati

1 ba151.15.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR.

Criminal Application (BA) No. 151 of 2015 (Yogesh s/o Narayanrao Rana Vs. State of Maharashtra through P.S.O., City Kotwali, Amravati) Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders Shri S. P. Bhandarkar, Advocate for applicant Shri S. S. Doifode, APP for the State/non-applicant CORAM : V. M. DESHPANDE, J.

DATE : 20-8-2015.

This is an application for regular bail.

Heard Shri S. P. Bhandarkar, learned counsel for the applicant and Shri S. S. Doifode, learned Additional Public Prosecutor for the State.

The applicant is arrested on 25-9-2014. The offences for which the applicant is booked in are punishable under Sections 419, 420, 426, 468 read with Section 34 of the Indian Penal Code. The investigation is over. Charge-sheet is already filed before the Court of law.

The First Information Report is lodged by Arun Kandalkar, a retired Junior Engineer. The sum and substance of accusation against the present applicant is the present applicant took an amount from the first informant after executing an agreement of sale to execute sale deed in respect of plot, however, the said agreement is not honoured by the present applicant nor he has returned the money. From the aforesaid nature of accusation, it is clear that the .....2/-

2 ba151.15.odt dispute is having colour of civil nature. Further for honouring the agreement, the remedy open to the aggrieved person is to file a suit for specific performance of contract and to claim damages and for return of the earnest amount.

In view of the fact that the charge-sheet is filed and all the offences are triable by the learned Magistrate and looking to the nature of accusations as stated above, further custodial presence of the applicant is not warranted and that leads me to pass the following order.

ORDER

(i) The application is allowed.

(ii) The applicant Yogesh s/o Narayanrao Rana be released on bail on executing P.R. bond in the sum of Rs. 50,000/- with two solvent sureties in like amount in connection with Crime No. 244/2014 registered with City Kotwali Police Station, Amravati for the offences punishable under Sections 419, 420, 426, 468 read with Section 34 of the Indian Penal Code. (iii) Bail before the trial Court.

(iv) The applicant shall attend the Police Station, City Kotwali, Amravati once in a week, preferably, every Sunday between 3.00 p.m. to 5.00 p.m. till the charge is framed by the learned trial Court.

JUDGE wasnik ...../-