Vijay S/O Dattatraya Puri v. The State Of Maharashtra Thr. Pso Ps Lohara Dist. Yavatmal

2024:BHC-NAG:6469 68.appln.38.24.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR.

CRIMINAL APPLICATION NO.38 OF 2024 (Mr. Vijay s/o Dattatraya Puri Vs. State of Maharashtra) -------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order --------------------------------------------------------------------------------------------------------- Mr. S.G. Joshi, Advocate for the applicant.

Mr. S.S. Hulke, APP for the State.

CORAM:- URMILA JOSHI-PHALKE, J.

DATED :- JUNE 21, 2024.

Heard.

2.

By preferring this application, the applicant is seeking modification of the condition imposed by the trial Court while releasing him on bail.

3.

As per the allegation, the informant Nilesh Subshashrao Nikam, General Manager of the District Industrial Centre, Yavatmal was having additional charge of Akola District. The co-accused Ajay Devidas Rathod who was serving as a Clerk-cum-Typist at D.I.C. office at Yavatmal and the informant who was having additional charge of Akola office could not attend the office of Yavatmal regularly. As the co-accused having sufficient knowledge of the official work the informant trusted him and allotted him the additional work. He was allotted to look after and prepare and forward the reports regarding industrial subsidy and incentive packages under different scheme. It is alleged that the co-accused has misappropriated the amount. As far as the present

68.appln.38.24.odt applicant is concerned it is alleged that he has received Rs.75,72,100/-.

4.

As per the say filed by the State before the trial Court, the applicant is entitled for the amount of Rs.29,50,000/-, and therefore, he is only liable to pay Rs.46,22,100/-. While releasing him on anticipatory bail the trial Court has not considered this fact and directed to deposit the entire amount of Rs.75,72,100/-.

5.

By considering the same, this Court has already modified the condition and directed to deposit the remaining amount of Rs.14,82,100/- which is complied by the applicant. Thus, considering the fact that the applicant is only liable to deposit an amount of Rs.46,22,100/- which is already complied with.

6.

Hence, the application is disposed of.

(URMILA JOSHI-PHALKE, J.) *Divya