Vaibhav Balgonda Gawali v. State Of Maharashtra
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.235 OF 2024 Vaibhav Balgonda Gawali ...
Applicant V/s.
The State of Maharashtra ...
Respondent ------------------- Mr. Dnyanesh Patil with Anup Kambale, Sumit Vanbhutte, Metanshu Purandare and Aditya Raktade, for the applicant. Mr. S.S. Ghag, APP, for the Respondent / State. ---------------------
CORAM
:
ANIL S. KILOR, J.
Digitally signed by VARSHA DEEPAK GAIKWAD Date:
2024.07.18 10:41:23 +0530 VARSHA DEEPAK GAIKWAD DATE :
16TH JULY 2024.
PC:
1.
Heard.
2.
By this application under Section 439 of the Code of Criminal Procedure the applicant is seeking bail in Crime No.285 of 2023, registered with Ichalkaranji Police Station, Kolhapur for the offences punishable under Sections 408, 409, 465, 468, 471 and 34 of the Indian Penal Code, (for short, "IPC") and Sections 3 and 4 of Maharashtra Protection of Interest of Depositors Act, 1999 (for short, "MPID Act").
3.
The allegation against the applicant is that he took Rs. 35,000/- as an advance, which was not repaid by him within time and even the
account was not submitted in relation to same. 4.
The other allegation is that in respect of one of the borrower though the amount was outstanding against him, the applicant issued no dues certificate to him.
5.
In the present matter after the investigation, the charge-sheet has been filed. The applicant is in jail from 17.08.2023 i.e. from last about 11 months.
6.
Thus, considering the allegations made against the applicant and the nature of evidence collected by the IO, I am of the opinion that the further custody of the applicant is not necessary. 7.
In the circumstances, though the learned APP strongly opposed the application, I pass the following order:
ORDER
i) Criminal application is allowed;
ii) It is directed that the applicant shall be released on bail in Crime No.285 of 2023, registered with Ichalkaranji Police Station, Kolhapur for the offences punishable under Sections 408, 409, 465, 468, 471 and 34 of the Indian Penal Code, (for short, "IPC") and Sections 3 and 4 of Maharashtra Protection of Interest of Depositors Act, 1999 (for short, "MPID Act"), on
furnishing P.R.Bond of Rupees Twenty-Five Thousand with one solvent surety in the like amount;
iii) The applicant shall attend the Police Station on 1st day of every month between 10.00a.m to 11.00a.m.
iv) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case, as also not tamper with the evidence;
v) Liberty is granted the State to apply for cancellation of bail if the applicant commits similar offence.
vi) The applicant shall attend the trial before the Special Court regularly on every date unless exemption is granted by the Special Court.
8.
The Criminal Application is disposed of accordingly. (ANIL S. KILOR, J)