Vinay S/O Jaideo Wasankar (In Jail) v. State Of Maharashtra, Through Economic Offence Wing, Amravati

03.12.ba.530.15

IN THE COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION (BA) NO. 530/2015 ( Vinay s/o Jaideo Wasankar vs. State of Maharashtra ) ................................................................................................................................................ Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders ................................................................................................................................................ Mr. Shashank Manohar Adv.for applicant Mr. S.S. Doiphode, APP for applicant CORAM: A.B.CHAUDHARI, J.

DATED : 3rd December, 2015.

Seen page No.52 ; Receipt Book No. 33967.

The Special Court, Amravati to report whether the amount of Rs. 7,42,000/- deposited on 30.12.2014 has been invested in a fixed deposit or not. Heard learned counsel for the rival parties. Perused the police papers in relation to the present applicant carefully.

Undoubtedly, the applicant-Vinay Wasankar was arrested on 11.11.2004 and is in jail since then. Perusal of the entire police papers shows that the allegation against applicant is that he had trapped three persons /depositors, namely , Sanjay Shelke, Shrihari Gaikwad and one Deshmukh by collecting cheque/cash totalling to the tune of Rs. 24 lakh and odd and admittedly deposited with Prasant Wasankar, the main accused, who made a big fraud in crores in this region.

Looking to the role attributed to the applicant

03.12.ba.530.15 Vinay and looking to the fact that he is in jail since 11.11.2014 and further fact that sentence provided under section 3 of the Maharashtra Protection of Interest of Deposits ( in Financial Establishments) Act, 1999, is six years, I think his detention in jail, in view of the filing of the charge-sheet, is wholly unnecessary. That being so, I make the following order:

ORDER

i) Criminal Application (BA) No. 530/2015 is allowed.

ii) The applicant-Vinay Jaideo Wasankar, is ordered to be released on bail in connection with Crime No. 291/2014, upon his executing a personal bond in the sum of Rs.1,00,000/- (rupees one lakh ) with two sureties in the like amount.

iii) The applicant shall not tamper with the prosecution evidence.

JUDGE sahare