Pratapsingh Bibhishan Chandankar And ANR v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 604 OF 2016 Pratapsingh Bibhishan Chandankar & Anr.

...Applicants

Versus

The State of Maharashtra

...Respondent

Mr. S. S. Salunkhe for the Applicants Ms. Veera Shinde, A.P.P for the Respondent-State PC Mr. M. G. Chadchankar from Crime Branch, Solapur (Gramin), is present CORAM : REVATI MOHITE DERE, J.

WEDNESDAY, 30 th MARCH, 2016 P.C. :

1.

Heard learned Counsel for the applicants and the learned A.P.P for the State.

2.

At the outset, learned Counsel for the applicants seeks leave to withdraw the application qua applicant No. 1 and seeks liberty to file an appropriate application for bail, after filing of the charge-sheet. 3.

As far as applicant No. 2 is concerned, he prays that the applicant be enlarged on bail.

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4.

By this application, the applicant No. 2 seeks his enlargement on bail in connection with C.R. No. 36 of 2016 registered with the Karkamb Police Station, Pandharpur, for the alleged offences punishable under Sections 406, 420, 467, 468 r/w 34 of the Indian Penal Code. 5.

According to the complainant, he had invested in a Scheme floated by the Company. According to him, he had deposited a total sum of Rs. 20,000/- for goats, but did not get the returns as promised under the said Scheme.

6.

Learned Counsel for the applicants states that the applicant No. 2 is not the partner of the Company Jagruti Agrofoods and Infra Projects (LLP). He states that the applicant No. 2 was only an employee of the said Company and had no concern with the Scheme. Learned A.P.P, on the instructions of the Investigating Officer, who is present in Court, does not dispute the said fact, that the applicant No. 2 was an employee and was not a partner of the said Company.

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7.

Considering the aforesaid, the applicant No. 2 is enlarged on bail on the following terms and conditions :

ORDER

(i) The applicant No. 2 be enlarged on bail, on executing PR Bond in the sum of Rs. 10,000/- with one or two sureties in the like amount; (ii) The applicant No. 2 shall attend the concerned Police Station on every Saturday from 10:00 a.m. to 11:00 a.m., till the filing of the charge-sheet.

8.

Insofar as applicant No. 1 is concerned, the Application is disposed of as withdrawn with liberty as prayed. It is made clear, that if an application is filed by the applicant No. 1, the same shall be considered on its own merits, uninfluenced by the withdrawal of this application. 9.

Application disposed of in the aforesaid terms. 10.

It is made clear that the observations made herein are prima 3/4

facie, and the trial Court shall decide the case on its own merits, in accordance with law, uninfluenced by the observations made in this order. 11.

All concerned to act on the authenticated copy of this order. REVATI MOHITE DERE, J.

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