This is a regular bail application under the CrPC where the single judge ordered the release on bail directed by the High Court.
Released on bail subject to furnishing a P.R. bond and sureties on the condition of depositing the misappropriated amount as per brother's affidavit.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
rpa
1 BA 1310 OF 2012
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
CRIMINAL BAIL APPLICATION NO. 1310 OF 2012
Salim Hamid Shaikh .. Applicant V/s. The State of Maharashtra .. Respondent
Mr. Amit Sale for the Applicant. Ms. A. T. Javeri, A.P.P. for the Respondent – State.
CORAM : R. C. CHAVAN, J. DATE : OCTOBER 23, 2012.
P.C.
This is an application for regular bail by a person who was charge-sheeted for involvement in the offences punishable under Sections 420, 406 and 408 read with Section 34 of the Indian Penal Code. Applicant was assigned the duty of carrying cash and loading it in ATM machine. A sum of Rs.1,34,92,500/- (Rs. One Crore Thirty Four Lacs Ninety Two Thousand and Five Hundred) had been misappropriated. The applicant had executed two affidavits in favour of the co-accused stating that the applicant takes the responsibility of misappropriation of Rs.38,00,000/- (Rs. Thirty Eight Lacs). The applicant's brother has filed an affidavit stating that the applicant without prejudice to his rights and defences, would deposit
2 BA 1310 OF 2012
a sum of Rs.30,00,000/- (Rs. Thirty Lacs) before the trial Court, which amount the learned Magistrate shall deposit into maximum interest earning deposit schemes in the State Bank of India, and shall deal with the same at the end of the trial as per result of the trial, in three equal installments of Rs.10,00,000/- (Rs. Ten Lacs), . The first installment shall be deposited within two week from release of applicant, the second installment within four weeks and the third installment shall be deposited within eight weeks from release of the applicant. Since the investigation is complete and charge-sheet has already been filed and since the applicant, through his brother, undertakes to deposit this amount, the applicant being in custody pending trial may not be necessary, though the learned A.P.P. has a very strong objection to the Applicants being bailed out. In view of this, the applicant be released on bail in C.R. No.6 of 2012 of Sangli City Police Station, District Sangli on his furnishing P.R. Bond in the sum of Rs.1,00,000/- (Rs. One Lac) with one or more solvent sureties in the sum aggregating to Rs.1,00,000/- (Rs. One Lac) on the condition that he shall, without prejudice to his rights and defences deposit the amount as indicated in the affidavit filed by his brother. It is presumed that his brother has filed the affidavit after consulting the applicant. If there is any breach, this order shall stand revoked
3 BA 1310 OF 2012
and not only the applicant but the applicant's brother would also be
liable for action for making a false statement in the Court.
(R. C. CHAVAN, J.)
Salim Hamid Shaikh
State of Maharashtra
R. C. Chavan
As recorded by the court registry
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