← Library
Bombay High CourtABA/1195/2024disposed off

Siddharth Bhaguji Lagad v. State Of Maharashtra

2024-04-30Hon'Ble Shri Justice Manish Pitale5 pages

Gokhale

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 1195 OF 2024 Siddharth Bhaguji Lagad ..Applicant

Versus

The State of Maharashtra ..Respondent _____ Ms. Dhruti Chheda i/b. Sanket S. Salgaonkar for Applicant. Mr. Avinash A. Naik, APP for State/Respondent. _____ CORAM :- SARANG V. KOTWAL, J.

DATE :- 30 APRIL 2024 P.C. :- 1.

The Applicant is seeking anticipatory bail in connection with C.R.No.210 of 2024 registered at Chakan Police Station, Pune, on 29.03.2024, under Sections 420, 408, 201 r/w. 34 of the Indian Penal Code.

2.

Heard Ms. Dhruti Chheda, learned counsel for the applicant and Mr. Avinash Naik, learned APP for the State. 3.

The F.I.R. is lodged by one Dr. Avinash Ankush. He has stated that, his wife has a petrol pump at Bhose since 2009. She is a dealer of that petrol pump of the Indian Oil Company. The Digitally signed by VINOD BHASKAR GOKHALE Date:

2024.05.02 10:40:50 +0530 VINOD BHASKAR GOKHALE

informant retired from the B.M.C. in the year 2021 and after that he started looking after the business of the said petrol pump since August 2023 as the Manager.

4.

The Applicant was the Chief Manager of the petrol pump since 2009. He was assisted by Adwait Pratap Singh as the Assistant Manager. It is the case of the informant that, since 2009 there used to be shortage in the stock of the petrol and diesel every month. The informant made enquiries and came to know that the driver of their tanker had made modification in the tanker and had misappropriated the diesel. Therefore, C.R.No.483 of 2021 was registered at Chakan police station. It is the case of the informant that the said offence was in respect of shortage of diesel, but there was shortage of petrol, as well. There are allegations that, ELedgers in the computer were not found of the customers before the year 2019. Therefore, it was alleged that, both these accused had deleted those entries. There is specific allegation about misappropriation of Rs.3,60,166/- which were paid by the customer namely Krushna Road lines, Chakan. There was no trace of that amount. There are allegations that both the accused are

responsible for shortage of the stock of petrol and diesel. Those were misappropriated. There are further allegations that the accused and the co-accused had purchased the properties beyond the means of their salary. There are allegations that, total misappropriation was to the tune of Rs.96 lakhs. On this basis, the F.I.R. was lodged.

5.

Learned counsel appearing for the applicant submitted that the co-accused Adwait Pratap Singh has approached this Court by A.B.A.No.1047 of 2024. The said applicant is protected by an ad-interim order dated 18.04.2024. That application is directed to be listed on 14.06.2024. Learned counsel submitted that, since the allegations against both the applicants are almost similar, the present matter needs to be heard and decided along with said A.B.A.No.1047 of 2024. In the meantime, the present applicant may be protected by similar ad-interim relief. 6.

Learned APP submitted that the investigation shows that the present applicant has played a major role. 7.

The submissions of the learned APP will have to be

decided along with the allegations against the co-accused Adwait Pratap Singh. Therefore, today it would be appropriate if the present applicant is protected by way of ad-interim relief and he is directed to attend the concerned police station on particular dates. The allegations in the F.I.R. against both the accused are almost similar.

8.

Hence, the following order.

O R D E R

i) In the event of his arrest in connection with C.R.No.210 of 2024 registered at Chakan Police Station, Pune, 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 14/06/2024. iii) The Applicant shall attend the concerned Police Station from 14/05/2024 to 16/05/2024 between 1.00p.m. to 5.00p.m. and thereafter as and when called and shall cooperate with the investigation.

iv) This anticipatory bail application be tagged with A.B.A.No.1047 of 2024.

v) Stand over to 14/06/2024.

(SARANG V. KOTWAL, J.)