Dadoji @ Rajesh Suryakant Jadhav v. State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 1031 OF 2024 Dadoji @ Rajesh Suryakant Jadhav .... Applicant

Versus

The State of Maharashtra .... Respondent ______ Mr.Sangram Desai a/w Ashish Kumar Srivastava i/b Aadesh Konde Deshmukh , for the applicant.

Ms. Rajeshree V. Newton , APP for the State/Respondent. ______ CORAM :SARANG V. KOTWAL, J.

DATE : 22nd APRIL, 2024 P.C. :

1.

The Applicant is seeking anticipatory bail in connection with C.R No. 44 of 2019 registered at Sawantwadi Police Station, Sindhudurg, on 08/03/2024 under Sections 406, 420,465, 467, 468, 471 r/w 34 of the Indian Penal Code.

2.

Heard Mr. Desai, learned counsel for the Applicant and Ms. Rajeshree Newton, learned APP for the Respondent-State.

3.

The FIR is lodged by the Special Auditor Sanjeev Kerkar in respect of Kalikamandir Magasvargiya Audyogik Sahakari Society, which was registered at Kolgaon. The present Applicant was the Chairman of the society. The allegations are that the government had sanctioned financial aid of Rs. 1 crore to the said society. But that amount was misappropriated. On this basis, the FIR is lodged.

4.

Learned counsel for the Applicant submitted that the amount which was sanctioned by the government was deposited in society's account. Thereafter, it was transferred to the account of Maqsood and Santosh Bagewadi for constructing the premises for the purpose of that project. The project was for manufacturing aluminum window frames. Learned counsel submitted that the Assistant Engineer, PWD, Sub Division, Kudal-I has given valuation report of the actual construction made by the society and he has submitted a report that the value of the completed construction was Rs. 10001346/-. He submitted that the construction is completed, but the project could not proceed further because of

the registration of the FIR. The money is not utilised for the benefit of the present Applicant. He has not committed any offence. There is no misappropriation of any amount by the Applicant.

5.

Learned APP submitted that needy persons were promised jobs. But they were not given any jobs. Learned A.P.P. has no instructions about the valuation report. He seeks time to respond to the submissions regarding the valuation report. 6.

Considering her request, today, I am adjourning the matter. However, the Applicant has made out a case for grant of ad-interim relief. Hence the following order.

ORDER

(i) In the event of his arrest in connection with C.R No. 44 of 2019 registered at Sawantwadi Police Station, Sindhudurg, till the next date, the Applicant is directed to be released on bail on his executing P.R. bond in the sum of Rs.30,000/- (Rupees Thirty Thousand Only)

with one or two sureties in the like amount.

(ii) This order shall operate till 20/06/2024.

(iii) The applicant shall attend the concerned Police Station on 6th, 7th and 8th May 2024 between 1.00 p.m. to 5.00 p.m. and thereafter as and when called and shall cooperate with the investigation. (iv) Stand over to 20/06/2024.

(SARANG V. KOTWAL, J.)