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Bombay High CourtBA/2013/2024allowed

Navnath Gajiram Khalkar v. The State Of Maharashtra

2024-10-17Hon'Ble Shri Justice Anil S. Kilor3 pages

Sayali Upasani

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 2013 OF 2024 Navnath Gajiram Khalkar ...Applicant Vs.

The State of Maharashtra

...Respondent

Mr. Kuldeep U. Nikam with Om N. Latpate and Samadhan H. Ghumare, Advocate for Applicant.

Mr. P. H. Gaikwad, APP for State-Respondent.

Mr. Pravin Chavhan, PSI, Present.

CORAM:- ANIL S. KILOR, J.

DATED:- 17th OCTOBER, 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. 383 of 2023 registered with Indira Nagar Police Station, Nashik for the offences punishable under Sections 465, 420, 468, 471, 406, 409 and 506 read with Section 34 of the Indian Penal Code, 1860. 3) Having gone through the charge-sheet and the relevant material available on record though the learned Counsel for the applicant is disputing any role in the alleged offence, the learned APP has pointed out different entries in the bank account of the applicant wherein he has 1/3

allegedly received Rs.2,82,400/- either from the accused No. 1 S. K. Financial Services and Prabhu Foods.

4) The applicant is in jail from 1st January, 2024 and in the meantime the charge-sheet has been filed. Thus considering the above referred evidence, the learned Counsel for the applicant, on instructions submits that he is ready to deposit the amount alleged to have received by the applicant i.e. Rs.2,82,400/- in the trial Court. 5) Since, the charge-sheet has been filed and as the applicant has agreed to deposit the above-referred amount in the trial Court, I am of the opinion that the applicant is entitled for grant bail. 6) Furthermore, there is every possibility that the applicant would not be available for trial. Accordingly, I pass the following order. 7) The applicant has undertaken to deposit the amount of Rs.2,82,400/- in the trial Court in next week after the release of the applicant.

ORDER

i The Bail Application is allowed;

ii It is directed that the Applicant shall be released on bail in Crime No. 383 of 2023 registered with Indira Nagar Police Station, Nashik for the offences punishable under Sections 465, 420, 468, 471, 406, 409 and 506 read with Section 34 of the Indian Penal Code, 1860, on furnishing P.R. Bond of Rs.25,000/- (Rupees Twenty Five Thousand) with one solvent surety in the like amount;

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iii The applicant shall attend the said Police Station on 1st day of every month between 12.00 noon to 2.00 p.m., till the conclusion of the trial except on the date of trial; 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 to apply cancellation of bail if the applicant commits similar offence.; vi.

The Applicant shall attend the trial before the Trial Court regularly on every date unless exempted by the Trial Court for any reason.

vii. Application stands disposed of, accordingly. [ANIL S. KILOR, J.] 3/3