Prashant Prabhakar Patil v. State Of Maharashtra
2024:BHC-AS:31121
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.2612 OF 2023 Arvind Digambar Bharati ...
Applicant versus State of Maharashtra ...
Respondent WITH INTERIM APPLICATION NO.3766 OF 2023 IN ANTICIPATORY BAIL APPLICATION NO.2612 OF 2023 Prashant Prabhakar Patil ...
Applicant/Intervener and Arvind Digambar Bharati ...
Applicant versus State of Maharashtra ...
Respondent WITH ANTICIPATORY BAIL APPLICATION NO.2510 OF 2023 Amarsinh Sitaram Kshirsagar ...
Applicant versus The State of Maharashtra ...
Respondent WITH INTERIM APPLICATION NO.3784 OF 2023 IN ANTICIPATORY BAIL APPLICATION NO.2510 OF 2023 Prashant Prabhakar Patil ...
Applicant/Intervener and Amarsinh Sitaram Kashirsagar ...
Applicant versus State of Maharashtra ...
Respondent Mr. A.R.Kapadnis i/by Mr. Prashant Kadam, for Applicant in ABA No.2612 of 2023. Mr. M.V.Thorat with Mr. Amar Bodke, Ms. Trisha Choudhary for Applicant in ABA 2510 of 2023.
Mrs. Mahalaxmi Ganpathy, APP for State.
Mr. Ashok Tajane, for Intervener.
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CORAM:
N.J.JAMADAR, J.
DATE :
5 AUGUST 2024 P.C.
1.
Heard the learned Counsel for the parties.
2.
These applications are preferred for pre-arrest bail in connection with C.R.No.480 of 2023 registered with Fouzdar Chawadi Police Station for the offences punishable under Sections 417 and 420 read with Section 34 of the Indian Penal Code. 3.
The applicants in the respective applications, were posted as Agricultural Officer and Chief Agricultural Officer with Lokmangal Mauli Industries Ltd. The factory had given contracts to cut and transport the sugarcane to the factory. The applicants were the members of the committee which had recommended the names of the contractors who were to cut and bring the sugarcane to the factory. The contractors allegedly induced the factory to part with a sum of Rs.62,15,440/-. However, the contractors committed default in rendering the services and thereby deceived the factory.
4.
By an order dated 14 September 2023 passed in ABA No.2612 of 2023 and by an order dated 6 September 2023 passed in ABA No.2510 of 2023, the applicants were granted interim protection observing, inter alia, that the role attributed to the applicants is that of being the members of the committee which has recommended the names of the contractors who committed default. The question as SSP 2/4
to whether the applicants also shared dishonest intention with the contractors who committed default, warranted consideration. It was in terms noted that the investigation would reveal whether in the subject transactions, the applicants had any wrongful gain.
5.
Learned APP, on instructions of the IO, submits that the investigation has not revealed that any amount came to be transferred to either of the applicants. In substance, no money trail is found.
6.
In the backdrop of the nature of the accusation, especially the role attributed to the applicants, the custodial interrogation of the applicants does not seem warranted to facilitate investigation. I am, therefore, impelled to make the orders of interim bail absolute.
7.
Hence, the following order :
ORDER
(i) The Applications stand allowed.
(ii) The order dated 14 September 2023 in ABA 2612 of 2023 granting interim bail to the Applicant - Arvind Digambar Bharti is made absolute on the terms and conditions incorporated therein.
(iii) The order dated 6 September 2023 in ABA 2510 of 2023 granting interim bail to the applicant - Amarsinh Sitaram Kshirsagar, is made absolute on the terms and conditions incorporated therein.
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(iv) The applicants shall henceforth appear before the IO as and when directed.
(v) In the event the chargesheet is lodged, the applicants shall regularly attend the proceedings before the jurisdictional Court. (vi) By way of abundant caution, it is clarified that the observations made hereinabove are confined for the purpose of determination of the entitlement for prearrest bail only. (vii) In view of the disposal of the Anticipatory Bail Applications, Interim Applications also stand disposed.
( N.J.JAMADAR, J. ) SSP 4/4 Signed by: S.S.Phadke Designation: PS To Honourable Judge Date: 06/08/2024 14:39:19