← Library
Bombay High CourtABA/153/2020anticipatory bail granted

Ambikaprasad Harinayarayan Mishra v. The State Of Maharashtra

2020-01-24Hon'Ble Shri Justice Prakash D. Naik3 pages

1 of 3 922-ABA-152-20 & 923-ABA-153-20.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 152 OF 2020 WITH ANTICIPATORY BAIL APPLICATION NO. 153 OF 2020 Ambikaprasad Harinarayan Mishra ...Applicant V/s The State of Maharashtra & Anr.

...Respondents

------ Mr. Ashok M. Saraogi for the applicants in both applications. Smt. Veera Shinde, APP for the State/respondent. API-Sandip Patil, EOW, Solapur.

API- Bhimaji Patil, Vijapur Naka Police Station. CORAM : PRAKASH D. NAIK, J.

DATE : 24th JANUARY, 2020 PC :

1.

The applicant in both these applications is apprehending arrest in connection with C.R. No. 130 of 2018, registered with Vijapur Naka Police Station, Solapur, for the ofences punishable under Sections 420, 465, 467, 468, r/w. 34 of Indian Penal Code, 1860 ('IPC' for short) and C.R. No. 773 of 2018, registered with Vijapur Naka Police Station, Solapur for the ofences punishable under Sections 420, 465, 467, 468, 471 of IPC. Learned counsel at the outset submits that the amount allegedly paid to the

2 of 3 922-ABA-152-20 & 923-ABA-153-20.doc applicant is to the tune of Rs. 12 lakhs. Although, it is his defence that, he has returned amount of Rs. 30 lakhs to show his bonafde he is willing to deposit the amount of Rs.12 lakhs and ready to co-operate with the investigation by attending the Investigating Ofcer.

2.

Learned APP on instructions from the ofcer, present in the Court submitted that, the amount of Rs.12 lakhs is involved in connection with C.R. No. 130 of 2018, applicant may deposit the said amount before Court of JMFC, Solapur. 3.

Learned counsel for the applicant submitted that the applicant would deposit an amount of Rs.12 lakhs within two weeks before JMFC, Solapur.

ORDER

(i) Anticipatory Bail Application No. 152 of 2020 and Anticipatory Bail Application No. 153 of 2020, are allowed;

(ii) In the event of arrest of applicant in ABA No. 152 in 2020 in connection with C.R. No. 130 of 2018, registered with Vijapur Naka Police Station, Solapur, he shall be released on Bail on furnishing P.R. Bond in the

3 of 3 922-ABA-152-20 & 923-ABA-153-20.doc sum of Rs.25,000/- with one or more sureties in the like amount;

(iii) In the event of arrest of applicant in ABA No. 153 of 2020 in connection with C.R. No. 773 of 2018, registered with Vijapur Naka Police Station, Solapur, he shall be released on Bail on furnishing P.R. Bond in the sum of Rs.25,000/- with one or more sureties in the like amount;

(iv) The applicant shall deposit the amount of Rs.12 lakhs before the Court of JMFC, Solapur within a period of two weeks from date of uploading the order. The trial Court shall deal with the liability in respect of said amount during trial;

(v) The applicant shall attend the Investigating Ofcer on every Saturday and Sunday for period of one month between 11.00 a.m. to 1.00 p.m. and thereafter as and when called for.

(iv) Anticipatory Bail Applications stand disposed of accordingly.

(PRAKASH D. NAIK, J.)