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Bombay High CourtBA/448/2018others disposed off

Ashish S/O Mullanmurupel Thomas @ Ashish Sam Thomas v. State Of Mah. Through Police Station Wadi

2018-05-18Hon'Ble Shri Justice Rohit Baban Deo2 pages

ba448.18.O.odt 1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION (BA) NO.448 OF 2018 (Ashish s/o Mullan Murupel Thomas @ Ashish Sam Thomas Vs. State of Maharashtra thr. PSO PS Wadi, Nagpur) --------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

--------------------------------------------------------------------------------------------------------------------------------- Shri Shyam Dewani, Advocate for Applicant.

Shri S.B. Bissa, APP for Respondent-State.

CORAM: ROHIT B. DEO, J.

DATE: 18 th MAY, 2018.

The applicant, who is in custody since 01.12.2017 in connection with Crime 490/2017 registered at the Wadi Police Station for offence punishable under Sections 408, 420, 465, 467 and 468 of the Indian Penal Code is seeking regular bail. The thrust of the submission of the learned counsel Shri Shyam Dewani is that not a single borrower of the finance company has stated or complained that he did not get the return of gold mortgaged. The submission is that there is not a single complaint from the borrowers although the prosecution version is that gold came to be replaced with plastic jewelery in as many as 47 accounts.

In all fairness, Shri S.B. Bissa, the learned Additional Public Prosecutor does not rebut the said submission.

In this view of the matter, I am inclined to

ba448.18.O.odt 2 release the applicant on bail.

The applicant be released on furnishing personal bond of Rs.1,00,000/- with a solvent surety of the like amount. The accused shall not leave the country without prior permission of the Trial Court.

The accused shall provide his current address and telephone numbers to the investigating agency and to communicate any change therein.

Steno copy of this order be furnished to the learned Counsel for the applicant as per rules. JUDGE NSN