Ramchandra Balasaheb Jagdale And ANR v. State Of Maharashtra

SANTOSH SUBHASH KULKARNI Santosh SANTOSH SUBHASH KULKARNI Date: 2024.10.15 14:14:41 +0530

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 2683 OF 2024

1. Ramchandra Balasaheb Jagdale

2. Yogesh Laxmanrao Nalawade ...Applicants

Versus

The State of Maharashtra

...Respondent

Mr. Kuldeep Nikam, a/w Prasad Avhad and Nishi Singhvi, for the Applicants.

Mr. H. J. Dedhia, APP for the State.

CORAM:

N. J. JAMADAR, J.

DATED:

14th OCTOBER, 2024 ORDER:- 1.

Heard the learned Counsel for the parties.

2.

This is an application for pre-arrest bail in connection with C. R. No.141 of 2023 registered with Sahupuri Police Station, Satara, for the offfences punishable under Sections 420 and 406 read with Section 34 of the Indian Penal Code, 1860 ("the Penal Code").

3.

At the outset, the learned Counsel for the applicants invites the attention of the Court to an order dated 10th August, 2023 passed in ABA/2067/2023 and ABA/2068/2023, whereby the co-accused have been granted pre-arrest bail. 4.

The learned Counsel for the applicants submits that the applicants stand on an even better footing as the applicants 1/3

were working as Cashier and Clerk, with the cooperative society and the co-accused, who have been granted pre-arrest bail, were the then Directors of the Society. The learned Counsel for the applicants further submitted that accused No.1, the then Chairman of the Society, has also been protected by an order of the Supreme Court in Special Leave to Appeal (Cri) No(s).12144 of 2023, dated 20th February, 2024.

5.

Mr. Dedhia, the learned APP, fairly submits that the aforesaid order may govern the claim of the applicants for prearrest bail. In the FIR, no specific role has been attributed to the applicants.

6.

This Court has also released one of the co-accused Rajiv Bapurao Kale (ABA/2411/2023) on pre-arrest bail by order dated 29th August, 2023. The applicants are thus entitled to the same dispensation as has been extended to the co-accused. 7.

Hence the following order:

: O R D E R :

(i) Application stands allowed.

(ii) In the event of arrest of the applicants in connection with CR No.141 of 2023 registered with Shahupuri Police Station, Satara, the applicants be released on bail on 2/3

furnishing a PR Bond in the sum of Rs.30,000/-, each, with one or two sureties in the like amount.

(iii) The applicants shall not tamper with the prosecution evidence and/or give threat or inducement to the first informant or any person acquainted with the facts of the case.

(iv) The applicants shall attend Shahupuri Police Station on every Sunday between 10.00 am. to 12.00 noon for the period one month and cooperate with the investigation. (v) It is clarified that these prima facie observations are confined to determine entitlement to pre-arrest bail only. Application disposed.

[N. J. JAMADAR, J.] 3/3