Allowed

Nandkumar Yadavrao Tasgaonkar and Ors. v. the State of Maharashtra

Bombay HC22 Aug 2011ABA/681/2011

Case brief

AI extract

What is this about?

The Court disposed of this anticipatory bail application in a criminal case involving unpaid farmer dues. Accepting that recovered auction proceeds secure the claims, the High Court granted bail with money bond and appearance conditions.

What did the court decide?

Applicants released on PR bond of Rs.15,000/- each with surety in like amount, conditioned to appear for interrogation and not tamper with evidence.

Nandkumar Yadavrao Tasgaonkar and Ors. Vs the State of… — Anticipatory Bail | Bombay HC (2011)

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1 681.11-aba

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bgp

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

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ANTICIPATORY BAIL APPLICATION NO.681 OF 2011

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Dr.Nandkumar Yadavrao Tasgaonkar & Ors. Vs. The State of Maharashtra

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..Applicants

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..Respondent

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Mr.P.B.Shah for the Applicants.

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Smt.G.P.Mulekar, APP for Respondent.

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CORAM :- J.H.BHATIA, J.

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DATE :- AUGUST 22, 2011.

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P.C.

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The applicants seek anticipatory bail in Cr.No.10 of 2011 registered with Chandgad Police Station, Dist. Kolhapur for the offences punishable under Sections 3 and 3-A of the Sugarcane (Control) Order, 1966 and under Sections 7 and 10 of the Essential Commodities Act. Offence is registered on the basis of the report submitted by the Special Auditor of the Cooperative Societies, Sugar, Kolhapur. The applicants, who are said to be the office bearers of M/s.Tasgaonkar Sugar Mills Ltd., had taken Daulat Shetkari Sahakari Sakhar Karkhana Ltd. on lease for running the said sugar factory. They were supplied sugarcane by the farmers who are members of that sugar factory. The applicants had failed to make the payment of the dues of the farmers and therefore the offence came to be registered.

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2 681.11-aba

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According to the applicants, the sugar was attached by the Tahasildar and with the orders from the Superior Officers he had put the same to auction. It is contended that the sale proceeds of the sugar are more than sufficient to meet the claims of the farmers. The learned APP on taking instructions, makes a statement that the sugar has been auctioned for Rs.52,95,36,483/- and an amount of more than Rs.47 crores has already been recovered and a cheque of balance amount is yet to be encashed. The claim of the farmers is for an amount of Rs. 36 crores or so. In view of this, the claims of the farmers are secured and may be paid out of the amount recovered from the sale proceeds of the sugar. In view of this, in my opinion, custodial interrogation of the applicants is not necessary in this case.

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Therefore, in the event of arrest in crime No.10 of 2011 registered with Chandgad Police Station, Dist. Kolhapur for the offences punishable under Sections 3 and 3-A of the Sugarcane (Control) Order, 1966 and under Sections 7 and 10 of the Essential Commodities Act, applicants be released on PR bond of Rs.15,000/- each with surety in the like amount with condition that they shall make themselves available before the police as and when called for the interrogation and investigation and shall not tamper with the prosecution evidence. Beside the above, they shall also appear before the Police on 29th August, 2011 at 11.00 a.m. They shall not misuse the bail. Application stands disposed of accordingly.

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(J.H.BHATIA,J.)

Nandkumar Yadavrao Tasgaonkar and Ors. v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

Nandkumar Yadavrao Tasgaonkar and Ors. v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

What the court decided

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