Bombay High CourtABA/679/2018allowed

Mukesh Shrikrishna Mate v. State Of Maharashtra Thr. The P.S.O., Hingna P.S.

2018-10-06Hon'Ble Shri Justice Z.A. Haq2 pages

1 aba679.18

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (ABA) NO.679 OF 2018 (MUKESH SHRIKRISHNA MATE...VS.. STATE OF MAH. THR. PSO PS HINGNA, DIST. NAGPUR) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri S.S.Joshi, Advocate for Applicant.

Shri N.B.Jawade, A.P.P. for Non-applicant/State. CORAM : Z.A.HAQ, J.

DATED : OCTOBER 06, 2018.

Heard.

Apprehending arrest in connection with Crime No. 125 of 2018 registered by the non-applicant, against 13 officers (including the applicant) for the offences punishable under Sections 420, 468, 471 read with Section 34 of the Indian Penal Code and Sections 13(1)(k) and 13(2) of the Prevention of Corruption Act, 1988, the applicant seeks prearrest bail. According to the Investigating Agency, a huge amount of about more than Rs.61,00,000/- is misappropriated by showing inflated number of students in Ashram School and receiving grants from the State Exchequer on that basis. The officers of Tribal Development Department are also co-accused.

The learned advocate for the applicant has pointed out the order passed by this Court in Criminal Application (ABA) No. 482 of 2018 and 9 connected matters on 5th September 2018, granting pre-arrest bail to the applicants in those applications.

2 aba679.18 The learned A.P.P. has submitted that the case of the applicant cannot be considered on parity with the case of those applicants as seals and blank receipt books of several institutions and vendors (including vegetable and grocery vendors) have been seized from the house of the applicant and the material collected by the Investigating Agency shows that the applicant is main culprit.

Considering the fact that all co-accused are released on pre-arrest bail and as the Investigating Agency has not been able to point out that custodial interrogation of the applicant is necessary for investigation, following order is passed:

In the event of arrest in connection with Crime No.125 of 2018, registered by the non-applicant, the applicant be released on bail on depositing cash security of Rs.One Lakh and furnishing two solvent sureties for Rs.Twenty Thousand each.

The applicant shall attend Anti-Corruption Bureau, Nagpur on every Tuesday and Thursday between 10.00 a.m. and 4.00 p.m. till charge-sheet is filed. The applicant shall submit his passport to the Investigating Officer within one week. If the applicant is not having passport in his name, he shall submit an affidavit to that effect within one week.

It is expected that the Investigating Agency would be filing charge-sheet at the earliest possible. The application is allowed in the above terms. JUDGE RRaut..