Allowed

Shri Bhanudas Shantaram Ingle v. State of Maharashtra, Thr. Police Station Officer

Bombay HC21 Mar 2012ABA/81/2012

Case brief

AI extract

What is this about?

High Court of Judicature at Bombay, Nagpur Bench granted interim anticipatory bail to the applicant facing charges of misappropriation of public funds. The court allowed bail contingent on the applicant's surrender for custodial interrogation within one week and execution of a personal bond thereafter.

What did the court decide?

Interim anticipatory bail granted contingent on surrender for three days of custodial interrogation and execution of a personal bond.

Shri Bhanudas Shantaram Ingle Vs State of Maharashtra, Thr… — Money Laundering | Bombay HC (2012)

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ABA81.2012

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR

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Criminal Application (ABA) No. 81 of 2012

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Shri Bhanudas Shantaram Ingle vs.

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State of Maharashtra through P.S.O. P.S. Chamorshi, Distt. Gadchiroli

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Office Notes, Office Memoranda of Coram, Appearances, Courts orders or directions and Registrar’s orders.

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Court’s or Judge’s orders

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CORAM : A.P. BHANGALE, J . DATED : 21.3.2012.

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Heard Mr. M. N. Upadhyay, learned Advocate

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for the Applicant and Mr. A. M. Deshpande, learned APP for the respondent-State.

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The applicant, who apprehends his arrest in Crime No. 3/2012, registered with Police Station Chamorshi, Distt. Gadchiroli, for offence punishable under Sections 409 and 420 of the Indian Penal Code, has filed the instant application for anticipatory bail.

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It is the case of the prosecution that the F.I.R. was lodged against the present applicant at the instance of Shri Parshuram Satar, Block Development Officer

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ABA81.2012

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(BDO), Panchayat Samiti, Chamorshi, Distt. Gadchiroli, regarding alleged misappropriation of public fund received for Tantamukti Scheme to the Gram Panchayat, Walsara. It is alleged that the applicant has misappropriated the public fund to the tune of Rs. 1,70,000/- and deliberately remained absent although he has to explain as to how he withdrew the amounts, where it has been spent and for what purpose. It appears that the present applicant had earlier moved an application for bail before the learned Additional Sessions Judge, Gadchiroli, which was rejected. The record pertaining to the misappropriation to the tune of Rs. 1,70,000/- is essential to investigate into the matter. Considering that the accusations regarding alleged misappropriation is huge sum of Rs. 1,70,000/-, the custodial interrogation is essential. At this stage, learned Advocate for the applicant also fairly submitted that the applicant is ready to undergo custodial interrogation felt necessary by the Investigating Officer concerned for the period of three days. Hence, following order is passed.

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ORDER

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(i) The applicant shall surrender to the

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ABA81.2012

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Investigating Officer namely Shri. Adinath Gawade, Police Sub-Inspector, Police Station Chamorshi, Distt. Gadchiroli, within a period of one week from the date of this order.

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(ii) Upon applicant’s surrender, the Investigating Officer (I.O.) shall apply for custodial remand of the applicant if so felt necessary for not exceeding the period of three days, from the learned Magistrate concerned.

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(iii) Upon expiry of three days period of custodial interrogation of the applicant, the applicant shall be released upon executing personal recognizance (P.R.) bond in the sum of Rs. 25,000/- (Rupees Twenty Five Thousand only) with one or more sureties in the like amount.

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(iv) The applicant shall cooperate with the Investigating Officer as and when required.

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(v) The applicant shall not tamper with the prosecution evidence or witnesses in any manner.

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(vi) The applicant shall leave his correct address and phone number with the Investigating Officer and learned trial Judge concerned.

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ABA81.2012

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(vii) The applicant shall attend trial on each date of hearing.

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(viii) The applicant shall not commit any crime while on bail.

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(ix) If the applicant fails to surrender before the Investigating Officer concerned within the one week as stipulated time, the interim order passed as above, shall stand vacated automatically.

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The application is disposed of in above terms.

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Hamdast allowed.

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JUDGE

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Punde

Shri Bhanudas Shantaram Ingle v. State of Maharashtra, Thr. Police Station Officer

Case brief

What is this about?

What did the court decide?

Shri Bhanudas Shantaram Ingle v. State of Maharashtra, Thr. Police Station Officer

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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