Rajesh S/O Kushoba Meshram v. State Of Mah., Thr. Pso Ps Gondia City Dist Gondia

1 aba464.19.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR Criminal Application (ABA) No. 464 of 2019 Rajesh Meshram Vs.

State of Maharashtra Through P.S. Gondia City - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. Mr. S.S. Karanjkar H/f Mr. S.S. Dhengale, Advocate for applicant Mr. A.D. Sonak, APP for non-applicant.

CORAM : MANISH PITALE, J.

DATED : JULY 25, 2019 The applicant herein has approached this Court apprehending arrest in connection with FIR dated 23/01/2019, filed against him and two other accused persons for offences under Sections 417, 419, 420 R/w 34 of the Indian Penal Code. The other two accused persons are the son and daughter-in-law of the applicant herein. The Sessions Court granted adinterim anticipatory bail to the co-accused i.e. son and daughter-in-law of the applicant observing that their role appears to be minor. The allegation against the applicant and co-accused persons appears to be that they as commission agents of a Co-operative Society had allured innocent investors to invest their hard earned money by promising handsome returns. It is alleged that such returns were not forthcoming, as a

2 aba464.19.odt result of which the innocent investors like the complainant herein were duped.

2.

The learned counsel for the applicant has invited attention of this Court to another FIR, registered in the context of the same controversy pertaining to duping of innocent investors, against the office bearers and Directors of the said Co-operative Society. It is further pointed out that this Court by various orders granted anticipatory bail to the office bearers and Directors of the Co-operative Society, of which the applicant is alleged to be a commission agent.

3.

Although, the learned APP has opposed the grant of relief in the present application, on the basis that there is every possibility of the applicant not cooperating with the investigation, this Court is of the opinion that relief can be granted to the applicant subject to conditions.

4.

In view of the above, the present application is allowed. Accordingly, in the event the applicant is arrested in Crime No. 37 of 2019, registered at Police Station Gondia City Dist. Gondia, he shall be released on PR bond of Rs.25,000/- and surety in the like amount and the applicant shall attend Police Station Gondia City Dist. Gondia twice a week i.e. on Monday and Thursday between 10:00 AM to 5:00 PM, till filing

3 aba464.19.odt of chargesheet. The applicant shall co-operate with the investigation. He shall not tamper with the evidence or influence the witnesses.

5.

It is made clear that if the applicant violates any of the aforesaid conditions, the relief granted to him by this order shall be recalled.

6.

It is further made clear that the observations made in this order are limited to the question of grant of anticipatory bail to the applicant. JUDGE MP Deshpande