Bombay High CourtABA/150/2016allowed

Raju S/O Keshavrao Suryawanshi And Another v. The State Of Maharashtra, Through The P.S.O. Mahagaon, Yavatmal

2016-03-29Hon'Ble Shri Justice Z.A. Haq2 pages

1 aba150.16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION (ABA) NO.150/2016 Raju S/o Keshavrao Suryawanshi and another ..Versus..

The State of Maharashtra, through the P.S.O., Mahagaon, Distt. Yavatmal - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - --------- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - CORAM : Z.A. HAQ, J.

DATE : 29.3.2016 Heard Shri K.S. Narwade, advocate for the applicants and Shri N.B. Jawade, A.P.P. for the non-applicant. The applicants are seeking pre-arrest bail apprehending arrest in crime registered against them by the non-applicant for the offence punishable under Section 420 and 34 of the Indian Penal Code.

Anandrao Dattarao Mahagaonkar (father of Balasaheb Anandrao Mahagaonkar) lodged complaint alleging that the applicants in connivance with Balasaheb usurped Rs.92,501/- for which the complainant was entitled being the sale price of sugarcane delivered to the factory. The applicants are seasonal workers employed with sugarcane factory. According to the prosecution, the payment is released to the Agriculturists on the

2 aba150.16 report of the applicants. It is alleged that though in the crop statements, name of Anandrao only appears, the applicants have given incorrect report on the basis of which the amount receivable by Anandrao has been deposited in the account of Balasaheb. Though the application is opposed on various grounds, the non-applicant has not been able to show that the custody of applicants is required for further investigation. Considering the facts on the record, I am of the view that the interim order granted by this Court on 11th March, 2016 is required to be confirmed. Hence, the following order:

(i) In the event of arrest of applicants in Crime No.65/2016 registered by the non-applicant, the applicants be released on bail on furnishing P.R. bond for Rs.20,000/- (Rs. Twenty Thousand Only) each with two solvent sureties in the like amount for each of the applicants.

(ii) Till the charge-sheet is filed, the applicants shall attend the police station Mahagaon, Distt. Yavatmal on every Tuesday and Saturday between 11 a.m. to 1 p.m.

(ii) The application is allowed in the above terms. JUDGE Tambaskar.