Bombay High CourtABA/497/2017dismissed

Hemant Sudhakarrao Jawarkar v. The State Of Maharashtra Thr. P.S.O. Paratwada Amravati

2017-07-14Hon'Ble Shri Justice Z.A. Haq2 pages

1 aba497.17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRI. APPLICATION (ABA) NO. 497 OF 2017 (HEMANT SUDHAKARRAO JAWARKAR...VS.. STATE OF MAH.THR.P.S.O., PARATWADA, AMRAVATI) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri M.N.Ali, Advocate for Applicant.

Shri Neeraj Patil, A.P.P. for Non-applicant.

CORAM : Z.A.HAQ, J.

DATED : JULY 14, 2017.

Heard.

Apprehending arrest in connection with Crime No. 353 of 2017 registered for the offences punishable under Sections 420 and 409 of the Indian Penal Code, the applicant seeks pre-arrest bail.

The crime is registered on the complaint lodged by the Executive Engineer, MSEDCL that after complaint was received from Shri Manohar Potdukhe, a retired employee, that he has not been paid his entire dues, departmental enquiry was conducted in which it was found that the applicant while discharging his duty as Cashier prepared bogus vouchers and misappropriated the amount of Rs.28,74,443/- which was payable to retire employees of the company.

The facts on record show that the applicant has deposited amount of Rs.28,74,443/- and after the company asked the applicant to pay interest on the amount, the applicant has also given cheque of the amount of interest.

2 aba497.17 The application is opposed on the ground that custodial interrogation of the applicant is required to unearth the truth and to find out whether there is further defalcation of the amount of company or amount receivable by the employees/ retired employees of the company.

Considering the facts of the case, I am not inclined to grant the prayer made in the application. The application is dismissed.

JUDGE RRaut..