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Bombay High CourtABA/167/2016allowed

Vijay Maroti Dange v. The State Of Maharashtra, Through P.S.O. P.S. Pulgaon, Wardha

2016-04-26Hon'Ble Shri Justice Z.A. Haq3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION (ABA) NO.167 OF 2016 Vijay Maroti Dange ..vs..

The State of Mah., thr PSO, PS, Pulgaon, District Wardha ....................................................................................................................................................... Office Notes, Office Memoranda of Coram, appearances, Court orders or directions Court's or Judge's Order and Registrar's orders ....................................................................................................................................................... Shri A.A. Naik, Advocate for the Applicant.

Shri S.A. Chaudhari, counsel for the intervenor. Shri K.R. Lule, Addl.P.P. for the NA/State.

CORAM

: Z.A. HAQ, J.

DATED : APRIL 26, 2016.

CRIMINAL APPLICATION (APPP) NO.402 of 2016 Heard Shri S.A. Chaudhari, Advocate for the complainant, Shri A.A. Naik, Advocate for the applicant and Shri K.R. Lule, Additional Public Prosecutor for the non-applicant/State.

For the reasons stated in the application, the complainant is permitted to assist the prosecution. The application is allowed accordingly.

CRIMINAL APPLICATION (ABA) NO.167 OF 2016 The applicant apprehends arrest in crime registered against him for the offence under Sections 420 and 506 read with Section 34 of the Indian Penal Code.

.....2/-

According to the prosecution, the applicant is the President of the society which is administering an education institution and the complainant had paid an amount of Rs.10.00 lacs to certain persons including the applicant for getting the employment in the school as teacher. It is the case of the complainant that he is neither given the employment nor the money paid by him is returned.

This Court by the order dated 18.3.2016 granted interim protection. The non-applicant came up with a grievance that the applicant is not co-operating with the investigating agency and, therefore, by the order dated 5.4.2016 the applicant was directed to attend the police station Pulgaon on every Friday and Monday. The learned Advocate for the applicant has stated that the applicant has accordingly attended the police station and co-operated with the investigating officer.

Considering the facts on record and as the non-applicant has not been able to show that the custody of the applicant is required for further investigation, the interim order granted by this Court on 18.3.2016 is confirmed.

Hence, the following order:- In the event of arrest in Crime No.206 of 2015 registered by the non-applicant, the applicant be .....3/-

released on bail on furnishing P.R. Bond for Rs.25,000/- with one solvent surety in the like amount.

The application is allowed accordingly.

JUDGE !! BRW !!

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