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Bombay High CourtBA/666/2016bail granted

Hanmant Ramchandra Shendage v. The State Of Maharashtra

2016-03-31Hon'Ble Justice Revati Mohite Dere5 pages

Anand IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION No.666 OF 2016 Hanmant Ramchandra Shendage .Applicant Vs.

The State of Maharashtra .Respondent Mr.J.D.Mane, Advocate, for the Applicant Mr.A.Sait, APP, for the Respondent - State CORAM :

REVATI MOHITE DERE, J.

DATE : 31.03.2016 P.C.

.

Heard learned counsel for the Applicant and the learned APP for the Respondent - State. 2.

By this Application, the Applicant seeks his enlargement on bail in connection with C.R.No.36 of 2016 registered with the Karkamb Police Station, District - Solapur(Rural), for the alleged offences punishable under Sections 406, 420, 467, 468 r/w.34 of the Indian Penal Code.

3.

At the outset, learned counsel for the Applicant seeks leave to withdraw the Application qua Applicant No.1 and seeks liberty to file an appropriate Application for bail, after filing of the charge­sheet.

4.

Learned counsel for the Applicant submits that the Applicant was only an employee of the Jagruti Agro Foods and Infra Project LLP. and was working in the same as a Supervisor. He submitted that the Applicant is neither the Promoter nor the Founder nor the Director nor the Owner of the Company, but was only an employee of the said 'Jagruti Agro Foods and Infra Project LLP'. He submitted that similarly placed co­accused, also an employee was enlarged on bail by this Court(CORAM:REVATI MOHITE DERE, J.) vide order dated 30.03.2016.

5.

Learned APP does not dispute the fact that the Applicant was only an employee of the

Jagruti Agro Foods and Infra Project LLP and was working as supervisor in the same. He submitted that there are statements of five witnesses, who have stated that the present Applicant had gone to the said five persons and given them an offer to invest money in the Scheme, pursuant to which, money was paid by the said persons.

6.

Perused the papers. It appears that there are no allegations of misappropriation of money against the present Applicant. It appears that the Applicant was working as a supervisor and was only an employee of 'Jagruti Agro Foods and Infra Project LLP'.

7.

Considering the same, the Applicant is enlarged on bail on the following terms & conditions:

ORDER

(i) The applicant be enlarged on bail, on executing PR Bond in the sum of Rs.15,000/­ with

one or two sureties in the like amount;

(ii) The applicant shall report to the investigating officer of the Karkamb Police Station, District - Solapur(Rural) on every Saturday between 10.00 a.m. and 11.00 a.m. till the filing of the charge­sheet;

(iii) The applicant shall not tamper or attempt to influence or contact the complainant, witnesses or any person concerned with the case; (iv) If there is a breach of any of the aforesaid conditions, the prosecution shall be at liberty to seek cancellation of the applicant's bail.

8.

The Application is allowed in the aforesaid terms and is accordingly disposed of. 9.

It is made clear that the observations made herein are prima 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.

Parties to act on the authenticated copy of this order.

(REVATI MOHITE DERE, J.)