Subhash Balasaheb Borase v. State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.2211 OF 2024 Subhash Balasaheb Borase ...

Applicant V/s.

State of Maharashtra ...

Respondent ------------------- Mr. Jayendra D. Khairnar, for the applicant.

Ms. Poonam Bhosale, APP, for the Respondent / State. --------------------- VARSHA DEEPAK GAIKWAD

CORAM

:

ANIL S. KILOR, J.

VARSHA DEEPAK GAIKWAD Date: 2024.08.29 10:24:26 +0530 DATE :

28TH AUGUST, 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.0334 of 2024, registered with Yawat Police Station, Dist: Pune for the offences punishable under Sections 420 and 406 of the Indian Penal Code. 3.

The allegation against the applicant is that though he received the amount to supply the labour for harvesting of sugarcane, he could not supply the labour. The FIR shows that the amount was time to time paid to the applicant under the pretext that he would supply the labour and every time he failed to supply the labour. The duration of amount on various occasion is about 2 years i.e. from

13.06.2022 to 31.03.2024.

4.

Considering the allegation in the FIR, prima facie the story appears to be improbable. Even if the prosecution story is accepted as it is, the dispute is of civil nature as it relates to recovery of amount which was paid for providing services.

5.

In that view of the matter, since the charge-sheet has been filed and all the relevant material has been recovered and collected by the IO, I am of the opinion that further custody of the applicant is not necessary. Accordingly, I pass the following order:

ORDER

(i) Criminal Bail Application is allowed and disposed off; (ii) It is directed that the applicant shall be released on bail in Crime No.0334 of 2024, registered with Yawat Police Station, Dist: Pune for the offences punishable under Sections 420 and 406 of the Indian Penal Code, on furnishing P.R.Bond of Rupees Twenty-five Thousand with one solvent surety in the like amount;

iii) The applicant shall attend the said Police Station on 1st day of every month between 10.00am to 11.00 a.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 for 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.

(ANIL S. KILOR, J)