Bombay High CourtABA/158/2016allowed

Manmohan S/O Ramprasad Sharma v. State Of Maharashtra, Through P.S.O. P.S. (Rural), Pusad, Yavatmal

2016-04-11Hon'Ble Shri Justice Z.A. Haq2 pages

1 aba158.16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (ABA) NO. 158 OF 2016 (MANMOHAN RAMPRASAD SHARMA...VS..STATE OF MAH. THR. PSO PS PUSAD(RURAL), DIST. 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.

DATED : APRIL 11, 2016.

Heard Shri S.U.Nemade, advocate for the applicant and Shri S.S.Doifode, A.P.P. for the non-applicant. The applicant apprehends arrest in the crime registered against six persons (including the applicant) for offence punishable under Sections 420, 468, 471 r/w. 34 of the Indian Penal Code. According to the prosecution, the applicants are the office bearers of the society which is running a school. The complainants alleged that assuring the appointment in the school and getting approval to the appointment, the office bearers of the society have taken substantial money from the complainants. According to the complainants, subsequently it is found that neither there are vacant posts in the school nor the proposal seeking approval to their appointment has been forwarded to the concerned authority though the appointment orders are given and it is told that the proposals have been forwarded.

Considering the nature of accusations against the applicants, the fact that the applicant is not involved in any

2 aba158.16 crime earlier and as the non-applicant has not been able to show that the custody of the applicant is required for further investigation, in my view, the interim order granted on 16th March, 2016 is required to be confirmed.

Hence, the following order :

In the event of arrest in Crime No. 17 of 2016 registered by the non-applicant, the appellant be released on bail on furnishing P.R. Bond of Rs.Twenty Thousand and one solvent surety in the like amount.

The application is allowed in the above terms. CRI.APPLN.NO.355/2016.

In view of disposal of the main application, the application for dispensing with certified copy of the FIR does not survive, hence, it is disposed of.

JUDGE RRaut..