Dhananjay Bhaurao Ghate v. The State Of Maharashtra, Thr. Pso Ps Wardha (City), Tah. And Dist. Wardha

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION (BA) NO.478 OF 2021 (Dhananjay Bhaurao Ghate Vs. State of Maharashtra thr. PSO PS Wardha (City), Dist. Wardha) ------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

------------------------------------------------------------------------------------------------------------------------------------- Mr. C. B. Barve, Advocate for Applicant.

Mr. M. K. Pathan, APP for Non-Applicant/State. CORAM: ROHIT B. DEO , J.

DATE: 22 nd DECEMBER, .

Heard.

2.

The applicant is seeking bail in connection with Crime 326/2019 registered with Police Station Wardha (City), District Wardha for offences punishable under Sections 420 and 201 read with 34 of the Indian Penal Code and Section 3 of the Maharashtra Protection of Interest of Depositors (In Financial Establishments) Act, 1999 (MPID Act).

3.

The applicant was granted temporary bail on the basis of an undertaking that amount of Rs.8,59,800/- (Rupees Eight Lakhs Fifty Nine Thousand and Eight Hundred) received in his personal account shall be deposited.

4.

The temporary bail was cancelled vide order dated 14.12.2021 since the applicant did not honour his word.

5.

The applicant has surrendered to custody.

6.

Today, a praecipe is filed stating that the applicant has deposited Rs.7,00,000/- (Rupees Seven Lakhs) in this Court and that the balance amount of Rs.1,59,800/- (Rupees One Lakh Fifty Nine Thousand and Eight Hundred) shall be deposited before release from custody, if bail is granted.

7.

The statement is accepted.

8.

Considering that the applicant is charged under Section 420 IPC and the maximum punishment is not more than seven years, the fact that early trial may not be a realistic possibility, I am inclined to grant bail subject to the condition that the applicant deposit Rs.1,59,800/- (Rupees One Lakh Fifty Nine Thousand and Eight Hundred) in the Sessions Court, Wardha.

9.

The application is allowed.

10.

Subject to deposit of amount of Rs.1,59,800/- (Rupees One Lakh Fifty Nine Thousand and Eight Hundred) in the Sessions Court, Wardha, and furnishing personal bond of Rs.15,000/- (Rupees Fifteen Thousand) and solvent surety of like amount, the applicant shall be released on bail.

11.

The applicant shall attend every date of hearing in the trial court scrupulously. Even a singular default shall entail cancellation of bail, unless the absence is

condoned/exempted by the trial court.

12.

The applicant shall co-operate with the investigation and shall be available for the Investigating Officer, as and when summoned.

13.

The amount of Rs.7,00,000/- (Rupees Seven Lakhs) which is deposited in this Court be transferred to the Special MPID Court, Wardha.

14.

The applicant shall not make any attempt to tamper with the evidence or to influence witnesses, directly or indirectly.

15.

The applicant shall not leave the country without the permission of the jurisdictional court.

JUDGE NSN SHIVNARAYAN NIKHARE