Maroti Chandrabhan Shikare v. The State Of Maharashtra Thr Ps Gramin, Officer Ps Gramin Pusad Dist. Yavatmal

HARSHADA H. SAWANT (P.A.) IN IN THE THE HIGH HIGH COURT COURT OF OF JUDICATURE JUDICATURE AT AT BOMBAY BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION (1)BAIL APPLICATION NO.1148 OF 2025 Bhagwan Balkrishna Chanche .. Applicant

Versus

The State of Maharashtra .. Respondent WITH (13)BAIL APPLICATION NO.1167 OF 2025 Suresh Harishchandra Tokre .. Applicant

Versus

The State of Maharashtra .. Respondent ....................

 Mr. Ashok Mundargi, Senior Advocate a/w. Mr. Meghdeep Oak, Advocate for Applicant in Bail Application No.1148 of 2025.  Ms. Savita M. Yadav, APP for Respondent in Bail Application No.1148 of 2025.

 Mr. Kuldeep S. Patil, Advocate i/by Saili Dhuru for Applicant in Bail Application No.1167 of 2025.

 Mr. Sukanta A. Karmakar, APP for Respondent in Bail Application No.1167 of 2025.

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CORAM

: MILIND N. JADHAV, J.

DATE : MARCH 24, 2025 P.C.

:

1.

Heard learned Advocates for Applicants and learned APPs for Respondents in both Bail Applications.

2.

Applicant is indicted under Sections 406 and 420 of the Indian Penal Code, 1860. Applicant has arraigned as Accused No.9. The case of prosecution against Applicant is that he was a recipient / beneficiary of amount of Rs.11,00,000/- which First Informant - Complainant has received out of Rs.5.75 Crores pursuant to Land

Acquisition proceedings. Applicant - Accused No.1 in the garb of helping First Informant surreptitiously got transferred certain amounts which First Informant had received through banking transaction as compensation under land acquisition.

3.

According to prosecution case an amount of Rs.11 Lakhs was transferred by Accused No.1 to Accused No.6 who is employee of present Applicant. It is alleged by prosecution that said Accused No.6 had kept the money in the custody of the present Applicant i.e. Accused No.9. Mr. Mundargi, learned Senior Advocate would persuade the Court to consider one aspect and namely that Applicant has no nexus whatsoever with First Informant - Complainant and amount of Rs.11 Lakhs which was kept in custody by Accused No.6 has been recovered by prosecution.

4.

Ms. Yadav enters appearance for prosecution. She is directed to ascertain the veracity of the aforesaid submissions made by Mr. Mundargi and apprise the Court on two counts firstly on nexus of Applicant with First Informant and secondly whether entire money of Rs.11 Lakhs has been recovered. If answers to the aforesaid two questions are given to the Court then appropriate orders can be passed. Applicant is arrested on 05.02.2025 in the present crime. 5.

In Bail Application No.1167 of 2025, Mr. Patil appears for Applicant who is arraigned as Accused No.8. He would submit that

submissions made by Mr. Mundargi are almost identical to the present case save and except the amount varies and it is Rs.15,00,000/- in this case which was entrusted to the Applicant by Accused No.6. He would persuade the Court to consider the fact that Accused No.1 and 6 in collusion had conspired in all probability in the present crime against First Informant. He would therefore persuade the Court to consider the role attributed to the present Applicant and determine the bail Application. This Applicant is arrested on 05.02.2025. Mr. Karmakar, learned APP enters appearance in this case. He shall also take appropriate instructions on the aforesaid submissions made by Mr. Patil, learned Advocate for Applicant.

6.

It is directed that Bail Application No.1148 of 2025 be tagged with Bail Application No.1167 of 2025. 7.

Stand over to 01st April, 2025.

H. H. SAWANT [ MILIND N. JADHAV, J. ] by HARSHADA HANUMANT SAWANT Date: 2025.03.25 14:49:39 +0530 HARSHADA HANUMANT SAWANT