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Bombay High CourtABA/384/2024allowed

Anil Kondiba Babar And ANR v. State Of Maharashtra

2024-02-09Hon'Ble Shri Justice Rajesh S. Patil4 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.384 OF 2024 Anil Kondiba Babar & Anr.

.... Applicants versus The State of Maharashtra .... Respondent .......

• Mr. Rupesh K. Bobade, Advocate for Applicant. • Ms. Pallavi N. Dabholkar, APP for the State/Respondent.

CORAM

: SARANG V. KOTWAL, J.

DATE : 09th FEBRUARY, 2024 P.C. :

1.

The Applicant is seeking anticipatory bail in connection with C.R.No.653/2023, dated 14/10/2023, registered with Tembhurni Police Station, Solapur, under sections 420, 408, 409 464, 465, 471 r/ w 34 of the Indian Penal Code. 2.

Heard Mr. Rupesh K. Bobade, learned counsel for the Applicant and Ms. Pallavi N. Dabholkar, learned APP for the Digitally signed by MANUSHREE NESARIKAR Date:

2024.02.13 16:21:06 +0530 State.

MANUSHREE NESARIKAR Nesarikar

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The FIR is lodged by one Bharat Ghadage. The allegations in the FIR are in respect of the fraud committed in Takali Vividh Karyakari Seva Sahakari Sangh, Solapur. The allegation in the FIR are that the informant had not applied for any loan, but some loan was sanctioned in his name and that loan was disbursed in the account, which he had not opened. The amount was transferred in Solapur District Central Cooperative Bank, Takali branch. The Applicant Anil Babar was working as a Bank Inspector with the District Central Bank from March 2016 to September 2018. Thereafter the Applicant Balasaheb Hulge joined that post till March 2021. Therefore, the allegations are that those Applicants were also part of the larger conspiracy.

4.

Learned counsel for the Applicants submitted that the fraud was committed in the co-operative society. The Applicants would not have known about that fraud because they were working in the bank. They were not knowing the person in whose name the loan was sanctioned.

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Learned APP is seeking time.

6.

Learned counsel for the Applicants as well as learned APP submitted that the Secretary of the said society is granted ad-interim protection vide an order dated 24/01/2024, passed in Anticipatory Bail Application No.139 of 2024. Learned counsel submitted that this matter also be placed on the same date with the same protection.

7.

Considering these submissions, this matter can be heard with the aforementioned Anticipatory Bail Application. 8.

Hence, the following order :

O R D E R

(i) In the event of their arrest in connection with C.R.No.653/2023, dated 14/10/2023, registered with Tembhurni Police Station, Solapur, till the

4 / 4 next date, the Applicants are directed to be released on bail on their furnishing PR bond in the sum of Rs.30,000/- (Rupees Thirty Thousand Only) each, with one or two sureties each, in the like amount.

(ii) The Applicants shall attend the concerned Police Station from 20/02/2024 to 23/02/2024 between 01.00 p.m. to 05.00 p.m. and thereafter as and when called and shall cooperate with the investigation.

(iii) This order shall operate till 05/03/2024.

(iv) Stand over to 05/03/2024.

(SARANG V. KOTWAL, J.)