Bombay High CourtABA/648/2015allowed

Sou. Kalawati Nandu Landkar And Others v. State Of Maharashtra, Through P.S.O. P.S. Jaulka, Washim

2016-02-25Hon'Ble Shri Justice Z.A. Haq2 pages

1 aba648.15

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION (ABA) NO.648/2015 Sou. Kalawati Nandu Landkar and others ..Versus..

State of Maharashtra, through Police Station Officer, Police Station Jaulka, Tah. Malegaon, Distt. Washim - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ------------- - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - CORAM : Z.A. HAQ, J.

DATE : 25.2.2016 Heard Shri S. D. Chande, advocate for the applicants and Shri S.S. Doifode, A.P.P. for the non-applicant.

The applicants are seeking pre-arrest bail apprehending arrest in Crime No.M-88/2015 registered against them for the offence punishable under Sections 409, 420, 468, 467, 379 and 34 of the Indian Penal Code.

The applicants are elected Members of Grampanchayat. The allegations against the applicants are that they have unauthorizedly excavated murum and have used it for repairing the road. It is further alleged that the applicants have forged the documents and obtained Rs.5,00,000/- from the Government.

It is not the allegation that the amount of Rs.5,00,000/- obtained by the applicants from the Government has been

2 aba648.15 misappropriated by the applicants.

Looking to the nature of allegations, I am convinced that the applicants are entitled for pre-arrest bail.

Hence, the following order:

(i) The interim protection granted by this Court on 8th December, 2015 is confirmed.

(ii) In the event of arrest of applicants in Crime No.M-88/2015 registered by the non-applicants, they be released on bail on furnishing P.R. bond in the sum of Rs.2,000/- (Rs. Two Thousand Only) each and one solvent surety for each of the applicant in the like amount. (iii) The application is allowed in the above terms. No orders as to costs.

JUDGE Tambaskar.