Bombay High CourtABA/175/2017allowed

Amit S/O. Arvind Jamkar v. The State Of Maharashtra Thr. Police Station Officer, Police Station Pandharkawada Kelapur Yavatmal

2017-07-13Hon'Ble Shri Justice Z.A. Haq2 pages

1 aba175.17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (ABA) NO.175/2017 Amit S/o Arvind Jamkar ..Vs..

The State of Maharashtra, through P.S.O., P.S. Pandharkawada, Tah. Kelapur, Distt. Yavatmal - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri R.P. Joshi, Adv. for the applicant.

Shri V.A. Thakre, A.P.P. for the respondent / State. CORAM : Z.A.HAQ, J.

DATE : 13.7.2017.

Heard.

Apprehending arrest in connection with Crime No.68/2017 registered for the offence punishable under Section 406 of the Indian Penal Code, the applicant seeks pre-arrest bail.

According to the investigating agency, the applicant, who had been working as an Agent of Life Insurance Corporation, had collected the amount from the complainant but had not deposited it with the Corporation and misappropriated it.

This Court has granted protection to the applicant by order passed on 20th March, 2017 imposing condition of attendance at the police station. An order was passed by this Court on 26th April, 2017 recording willingness of applicant to deposit amount of

2 aba175.17 Rs.3,16,201/- to show his bona fides. This Court permitted the applicant to deposit the amount and accordingly it is deposited.

Though the application is opposed on the ground that the custodial interrogation of applicant is required to find out whether the applicant has duped other innocent customers also, in the facts of the case, I find that the custodial interrogation of applicant would not be required.

Hence, the protection granted to the applicant by the order passed on 20th March, 2017 is confirmed. The amount deposited by the applicant shall be kept in a fixed deposit in a nationalized bank until appropriate orders are passed by this Court.

The application is allowed in the above terms. JUDGE Tambaskar.