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Bombay High CourtBA/569/2022allowed

Mangesh Shashikant Magnurwar v. State Of Mah. Thr. Pso Ps Mul Dist.Chandrapur

2022-06-15Hon'Ble Shri Justice Anil S. Kilor3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (BA) NO.569 OF 2022 Mangesh Shashikant Mugnurwar

Versus

State of Maharashtra, through its Police Station Officer, Police Station Mul, Dist. Chandapur Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Shri A.A. Dhawas, Advocate for the applicant. Shri T.A. Mirza, A.P.P. for the non-applicant/State. CORAM : ANIL S. KILOR, J.

DATED : 15th JUNE 2022 1.

The applicant is seeking bail in Crime No.498 of 2021, dated 14.10.2021, registered with Police Station Mul, District: Chandrapur, for the offences punishable under Sections 409, 420 and 381 read with Section 34 of the Indian Penal Code.

2.

Shri Dhawas, learned counsel for the applicant submits that after completion of investigation, the charge-sheet has been filed and further custody of the applicant is not necessary.

3.

The learned counsel for the applicant states that to show bonafide, the applicant is ready to deposit Rs.5,00,000/- in the trail Court.

4.

On the other hand, Shri Mirza, learned APP opposes the present application.

5.

I have perused the charge-sheet and also the contents of the First Information Report (FIR). 6.

After completion of investigation, the Investigating Agency has filed the charge-sheet and as such, further custody of the applicant is not necessary. Moreover, the applicant has undertaken to deposit Rs.5,00,000/- to show his bonafide.

7.

In that view of the matter and as there is nothing to show that the applicant will not be available for the trial, if he is released on bail. Accordingly, I pass the following order:

a) The criminal application is allowed.

b) It is directed that the applicant shall be released on bail in Crime No.498 of 2021, registered with Police Station Mul, District: Chandrapur, for the offences punishable under Section 409, 420 and 381 read with Section 34 of the Indian Penal Code, on furnishing P.R. Bond of Rs.25,000/- with one solvent surety in the like amount.

c) The applicant shall deposit Rs.5,00,000/- as per his undertaking, within 15 days before the trial Court and the receipt of the same shall be filed in this case.

Failure to comply with the undertaking to deposit of Rs.5,00,000/-, the bail granted shall stand cancelled.

d) The applicant shall attend the concerned Police Station as and when his presence is required. e) The applicant shall not tamper with the prosecution witnesses.

f) The applicant shall not leave the jurisdiction of the concerned Police station without permission of the Court.

The criminal application is disposed of, accordingly.

[ANIL S. KILOR, J.] by SACHINDANAND K NAIR Date: 2022.06.16 17:42:35 +0530 SACHINDANAND K NAIR