Umesh S/O Ramkrushna Munsdada v. State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 2965 OF 2024 Umesh Ramkrishna Mundada ...Applicant

Versus

The State of Maharashtra

...Respondent

***  Mr. Deepak Pote a/w Mr. A.S. Barlota, for Applicant.  Mr. Mayur S. Sonavane, APP for Respondent.

 Mr. Pratapsing B. Dahiphale, PSI, Bhadrakali Police Station. SHRIKANT SHRINIVAS MALANI SHRIKANT SHRINIVAS MALANI Date: 2024.11.13 18:40:03 +0530 *** CORAM : MANISH PITALE, J.

DATE : 13th NOVEMBER, 2024.

P. C. :

1.

Heard Mr. Pote, learned counsel for the applicant and Mr. Sonavane, learned APP for the respondent-State. 2.

The applicant is apprehending arrest in connection with First Information Report No.0281 of 2024, dated 01st September, 2024, registered at Police Station Bhadrakali, District Nashik, for offences under Sections 406, 409 and 420 read with Section 34 of the Indian Penal Code, 1860 (IPC). 3.

Before making submissions in support of the present application, the learned counsel for the applicant submitted that there is an inadvertant typographical error in the name of the applicant, which needs to be corrected. In the interest of justice, leave is granted to the applicant to correct the name at appropriate places in the application. The amendment be carried out

forthwith.

4.

At the outset, the learned counsel for the applicant invites attention of this Court to order dated 25.10.2024, passed in Anticipatory Bail Application No.2896 of 2024 (Santosh Badrinarayan Mundada Vs. the State of Maharashtra), wherein this Court in identical circumstances has granted interim relief in favour of the applicant therein. 5.

This Court has perused the aforesaid order and also the contents of the present application. There is substance in the contention raised on behalf of the applicant that the applicant herein is similarly situated like the applicant in the aforementioned application wherein this Court granted interim relief.

6.

Although the learned APP has opposed the prayer for interim relief made in the present application, this Court is inclined to agree with the learned counsel for the applicant.

7.

A perusal of the aforesaid order dated 25.10.2024, passed in Anticipatory Bail Application No.2896 of 2024, would show that the reasons for granting interim relief to the applicant therein are recorded in paragraph No.8 of the said order. The same reads as follows : "8.

This Court is inclined to grant interim relief to the applicant, while keeping the application pending, not only

for the reason that the aforesaid order passed by the Aurangabad Bench of the High Court, prima facie indicates that similarly situated persons were granted relief of anticipatory bail. The further reasons why this Court is inclined to grant interim relief are that the applicant is admittedly neither the director nor an office bearer of the Credit Cooperative Society. The allegations in the statement of the informant indicate that he was associated with the Credit Cooperative Society as a consultant. There is also presently nothing to show that he was a beneficiary of the said scam and it is relevant to note that the mother of the applicant herself deposited an amount of Rs.5 lakhs with the Credit Cooperative Society and it appears that even she has lost the said amount in the context of the aforesaid scam. The applicant has undertaken to cooperate with the investigation."

8.

The above quoted reasoning applies to the applicant herein also, to the extent that he is neither a Director nor an officer bearer of the Credit Cooperative Society and at worst, his role could be said to be that of a consultant.

9.

In view of the above, there shall be interim order in the following terms:

(A) Till the next date of listing, in the event the applicant is arrest in connection with FIR No.0281 of 2024, dated 01st September,

2024, registered at Police Station Bhadrakali, District Nashik, he shall be released on bail on furnishing PR Bond of 50,00/- and ₹ one or two sureties in the like amount.

(B) The applicants shall remain present before the Investigating Officer on 15th November, 2024 and 16th November, 2024, between 10:00 a.m. and 12 noon and thereafter as and when required by the Investigating Officer.

(C) The applicant shall co-operate with the investigation. (D) The applicant shall not tamper with the evidence of the prosecution in any manner. He shall not influence the informant, witnesses and other persons concerned with the case.

10.

Needless to say, violation of any of the aforesaid conditions may result in this order being cancelled.

11.

List for further consideration on 26th November, 2024, "High on Board. To be taken up along with Anticipatory Bail Application No.2896 of 2024.

(MANISH PITALE, J.)