← Library
Bombay High CourtABA/1165/2023disposed off

Vijaykumar Anandrao Mane v. The State Of Maharashtra

2023-04-20Hon'Ble Shri Justice N. R. Borkar2 pages

909-aba-1165-23 @ ia-1473-23.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 1165 OF 2023 Vijaykumar A. Mane ...Applicant V/s.

The State of Maharashtra

...Respondent.

WITH INTERIM APPLICATION NO. 1473 OF 2023 Mr. Satyavrat Joshi a/w. Mr. Samay Pawar for the Applicant. Mrs. Veera Shinde, APP for the Respondent/State. Mr. Umesh Mankapure a/w. Ms Rui Danawala for the Intervenor.

CORAM

:

N.R. BORKAR, J.

DATE :

20.04.2023.

P.C. :

1.

This is an application under Section 438 of Code of Criminal Procedure for anticipatory bail.

2.

The applicant is apprehending his arrest in Crime No. 211 of 2023 registered at Islampur Police Station, Sangli for the ofences punishable under Section 409 of the Indian Penal Code. 3.

I have heard the learned counsel for the applicant, the learned APP for the respondent / State and the learned counsel for the intervenor.

4.

According to the prosecution, the applicant who during the relevant period was working as a Head-Master in Janta Vidyalay, Islampur, had taken away CCTV Cameras, which were installed in the school premises for security purpose and got them installed in shop premises of his wife.

Dinesh S. Sherla 1/2

909-aba-1165-23 @ ia-1473-23.doc 5.

The learned counsel for the applicant submits that the applicant is victim of dispute between two group of trustees. It is submitted that according to the prosecution, the total cost of CCTV Camera in question is of Rs.40,000/- & the applicant without prejudice to his rights and defense is ready to deposit Rs.50,000/-. 6.

The learned APP and the learned counsel for the complainant submit that considering the nature of ofence, the applicant may not be released on anticipatory bail.

7.

Considering overall facts and circumstances of the case and as the applicant is ready to deposit amount of Rs.50,000/-, I am inclined to release the applicant on anticipatory bail. In the result the following order is passed.

ORDER

A) The Anticipatory Bail Application is allowed. B) In the event of arrest of the applicant in C.R. No.211 of 2023 registered at Islampur Police Station, Sangli for the ofences punishable under Section 409 of the Indian Penal Code, the applicant be released on bail on executing P.R Bond in the sum of Rs.25,000/- (Rupees Twenty Five Thousand) with one or two sureties in the like amount. C) The applicant shall deposit the amount of Rs.50,000/- before the trial Court.

8.

The Interim Application for intervention is disposed of. [N.R.BORKAR, J.] Dinesh S. Sherla 2/2