Ajay Laxmanrao Sawarkar v. The State Of Maharashtra, Thr. P.S.O. Rajapeth, Amravati

1 aba411.17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (ABA) NO.411/2017 Ajay Laxmanrao Sawarkar ..Vs..

The State of Maharashtra, through Police Station Officer, Rajapeth, Amravati, Tq. and District Amravati - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri S.V. Sirpurkar, Adv. for the applicant.

Shri N.R. Patil, A.P.P. for the respondent / State. CORAM : Z.A.HAQ, J.

DATE : 19.6.2017.

Heard.

The applicant, apprehending arrest in crime registered against him for the offence punishable under Section 420, 468 and 471 of the Indian Penal Code, has sought pre-arrest bail. The accusations against the applicant are that while he was working as Manager of the Mangal Karyalaya of the Sansthan he has committed embezzlement of an amount of Rs.4,95,000/-.

According to the applicant, his services were orally terminated on 16th November, 2015, that he filed proceedings under Section 28 of the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971 challenging the termination order and after filing of the proceedings, the complaint came to be lodged against the applicant about the alleged embezzlement. The applicant has stated that he is not involved in any other crime / offence. The copy of

2 aba411.17 reply filed by the investigating agency before the Sessions Court is placed on record alongwith the application, at page No.23. From this reply, the learned A.P.P. has not been able to point that custody of the applicant is required for further investigation. Considering the facts of the case and the nature of accusations against the applicant, in my view, the applicant is entitled to be released on bail. Hence, the following order:

In the event of arrest in Crime No.481/2016 registered by the non-applicant, the applicant be released on bail on executing P.R. bond for Rs.20,000/- (Rs. Twenty Thousand) and on furnishing two solvent sureties in the like amount.

The applicant shall attend police station Rajapeth, Amravati on every Wednesday between 10 a.m to 1 p.m. till the charge-sheet is filed.

The application is allowed in the above terms. JUDGE Tambaskar.