Ajay Kailas Khadse v. State Of Maharashtra
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.321 OF 2024 Ajay Kailas Khadse ...
Applicant V/s.
The State of Maharashtra ...
Respondent ------------------- Mr. Satyavrat Joshi I.by Ms. Kanishka Hasabnis, for the applicant. Ms. Geeta Mulekar, APP, for the State.
Mr. Vijay Tikole, PI, EOW Pune City, Present. --------------------- Digitally signed by VARSHA DEEPAK GAIKWAD Date:
2024.07.31 16:58:25 +0530
CORAM
:
ANIL S. KILOR, J.
VARSHA DEEPAK GAIKWAD DATE :
30TH 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.84 of 2023, registered with Bandgarden Police Station, Pune City for the offences punishable under Sections 420, 406, 409, 465, 467, 468, 471 read with 34 of the Indian Penal Code, 1860 (for short, 'IPC') and section 3 of Maharashtra Protection of Interest of Depositors (In Financial Establishments) Act, (for short, 'MPID'). 3.
The applicant was working as a 'direct selling agent' of the various banks and nature of work was to find out the persons
interested in taking loan from the bank and provide them assistance to avail loan facility.
4.
It is submitted that the applicant was arrested on 17.07.2023 and in between the charge-sheet has been filed after completion of the investigation. It is, therefore, submitted that further custody of the applicant is not necessary in the present matter. 5.
On the other hand, the learned APP strongly opposed the application.
6.
Having considered the charge-sheet and the material collected by the IO during the investigation, it is evident that the main accused are absconding and the applicant is not the person who induced the investors or the investors paid the amount directly to the applicant. The investors deposited the amount in the account of the company.
7.
In the circumstances, considering the period of incarceration of the applicant, which is more than one year and further the fact that charge-sheet has been filed, I am of the opinion that further custody of the applicant is not required. Accordingly, 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.84 of 2023, registered with Bandgarden
Police Station, Pune City for the offences punishable under Sections 420, 406, 409, 465, 467, 468, 471 read with 34 of the Indian Penal Code, 1860 and section 3 of Maharashtra Protection of Interest of Depositors (In Financial Establishments) 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 and 16th day of every month between 10.00a.m to 11.00 a.m., till the filing of the charge-sheet or for six months from today, whichever is earlier.
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 to the State for cancellation of bail in case of there is breach any condition or if the applicant commits any serious offence.
vi) The applicant shall attend the trial before the trial Court regularly on every date unless exemption is granted by the trial.
The Criminal Application is disposed of accordingly. (ANIL S. KILOR, J)