Girish S/O Mohanlal Kothari And Another v. State Of Mah. Through Police Station Officer, P.S. Mangrulpeer

1 aba350.18

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, AT NAGPUR.

CRIMINAL APPLICATION (ABA) NO.350 OF 2018 (Girish s/o Mohanlal Kothari and another ..vs.. State of Maharashtra, through PSO, PS Mangrulpeer) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri J.M. Gandhi, Counsel for the applicants, Shri N.B. Jawade, Addl.P.P. for the non-applicant. CORAM : R OHIT B. DEO , J.

DATED : 22 - 0 6 -201 The applicants have deposited the amount of Rs. 25,00,000/- with the Judicial Magistrate First Class, Mangrulpir as directed by this Court vide order dated 15-5-2018.

2.

The accusation is primarily against one Pratod Thakre who allegedly misappropriated a huge amount of the State Bank of India. The limited allegation against the applicant is that he is one of the nine persons in whose account the said Pratod Thakre transferred the proceeds of the crime. Prima facie there is no material to suggest that the applicant was aware that the amount given to him was proceeds of the crime. Be that as it may, since the amount is deposited, the interim order dated 15-5-2018 is confirmed.

3.

The amount deposited shall be transferred to State Bank of India, Branch at Mangrulpir.

2 aba350.18 4.

At this stage, the learned Additional Public Prosecutor Shri N.B. Jawade submits that since the investigation is at a nascent stage, liberty may be reserved in favour of the State to move cancellation for bail in case there is credit worthy material unearthed to indicate the complicity of the applicant in the crime. 5.

The State is at liberty to seek modification or cancellation in case there is very strong material to show that the applicant was aware that the amount deposited in his account are proceeds of the crime or that the applicant was part of the conspiracy to misappropriate the amount.

JUDGE adgokar