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Bombay High CourtABA/678/2022rejected

Siddharth Ramesh Manohare v. State Of Mah. Thr. Ps City Kotwali Amravati (City) Tq. And Dist.Amravati

2022-11-29Hon'Ble Shri Justice Anil S. Kilor2 pages

11aba678.2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (ABA) NO. 678 OF 2022 Siddarth Ramesh Manohare .Vs. State of Maharashtra, thr. P.S. City Kotwali, Amravati (City), Tq. and Dist. Amravati.

Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Shri N.B. Raut, Advocate for the applicant.

Shri S.D.Sirpurkar, A.P.P. for the non-applicant /State. CORAM : ANIL S. KILOR, J.

DATED : 29/11/ 1.

Heard.

2.

The applicant is seeking anticipatory bail in connection with Crime No. 127/2022 registered with Police Station City Kotwali, Amravati City, Tq. & Dist. Amravati for the offences punishable under Sections 409, 420 read with Section 34 of the Indian Penal Code.

3.

The prosecution case is that, the Gram Panchayat Bijudhawdi, Chaurakund, Mangiya received financial grants from the Central Government towards the purchase of various articles required in the Gram Panchayat. The applicant was the employee of the main accused who had participated in the competitive bidding for the supply of articles, and being the lowest bidder, he was awarded the work order. 4.

It is alleged that, the accused persons managed to obtain the 'Digital Signature Certificate' (for short 'DSC') from the complainant/Sarpanch and citing the technical difficulties retained the DSC and withdrew the huge amount from the account of the Gram Panchayat.

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11aba678.2022.odt 5.

Though, the learned counsel for the applicant states that, he worked with the main accused for short time, and even the amount which was deposited in the account of the applicant was immediately returned back on the same day to the main accused, considering the fact that, the DSC was obtained, and it was misused by the accused persons including the applicant, I am not inclined to grant pre-arrest bail to the applicant.

6.

At this stage, learned counsel for the applicant states that mother of the applicant is not well and therefore, 15 days time may be granted to the applicant to surrender before the trial Court. Considering the genuine difficulty of the applicant, I pass the following order:

a) The criminal application is rejected.

b) The non-applicant is directed not to arrest the applicant for 15 days, as he has undertaken to surrender before the learned Trial Court after 15 days from today.

c) The learned Trial Court is requested to consider the application and pass the appropriate order at the earliest and if possible on the same day if the applicant supplies the copy of application for grant of regular bail three days in advance to the concerned Additional Public Prosecutor.

JUDGE Signed By:RAJESH K NANDURKAR rkn