Allowed

Satish Pandit Pagar v. the State of Maharashtra

Bombay HC8 Feb 2017ABA/226/2017

Case brief

AI extract

What is this about?

The High Court of Bombay granted interim pre-arrest bail to the accused applicant under Section 438 CrPC. The court considered the applicant's innocence regarding forgery, his readiness to deposit the contested cheque amount under protest, and the nature of the allegations.

What did the court decide?

Interim pre-arrest bail granted with conditions: PR bond of Rs 10,000, deposit of Rs 7,000 within two weeks, personal bonds at police stations, and prohibition on criminal activity.

Satish Pandit Pagar Vs the State of Maharashtra — Cheque Dishonour | Bombay HC (2017)

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909-ABA-226-17.odt

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

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ANTICIPATORY BAIL APPLICATION NO.226 OF 2017

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Satish Pandit Pagar

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versus

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State of Maharashtra ... Respondent

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Mr.Satyajeet P. Dighe, Advocate for the Applicant. Mrs.Rutuja Ambekar, APP for the State/Respondent. API – Mr.Jalinder Pale (EOW Nasik Road).

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CORAM : MRS.MRIDULA BHATKAR, J. DATE : 08^th FEBRUARY, 2017.

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P.C. :

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The applicant/accused is apprehending arrest in C.R.No.I-05/2017 registered with Kalwan Police Station for the offences punishable under sections 406, 408, 420, 467, 468 and 471 r/w 34 of the Indian Penal Code. The offence is registered at the instance of Narayan Drupattrao Gadhekar, a Special Auditor, Class-2 of the Co-operative Societies, Nashik for the period from 01/04/2014 to 31/03/2016 and he found that there is misappropriation of public money to the tune of Rs.1,24,77,895/-. It was observed that the loan were disbursed without proper verification and sanction to different borrowers

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Nesarikar

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2 / 3 909-ABA-226-17.odt

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and therefore the Directors, borrowers, employees in the credit society are made accused. The applicant/accused is working as a peon in the said society.

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The learned counsel for applicant/accused submitted that the applicant/accused has no authority to sanction any loan and he has not committed any offence of cheating the credit society. The learned counsel submitted that he has presented a cheque of Rs.7,000/- as it was asked by Mr.Tushar Vitthaldas Vaishnav and the applicant/accused has put signature behind the cheque. He has not committed any forgery or any offence. The learned counsel further submits that the applicant/accused is ready to deposit Rs.7,000/- under the protest.

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The learned prosecutor submits that Tushar Vaishnav is an accused and he is a fake borrower.

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Considering the submissions of both the counsel and the facts of the case and allegations made against the applicant/accused and as the applicant/accused is ready to deposit Rs.7,000/- under protest, this application is decided finally.

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Nesarikar

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3 / 3 909-ABA-226-17.odt

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In view thereof, interim pre-arrest bail is granted to the applicant/accused on the following terms:

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ORDER

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(i) In the event of arrest, the applicant/accused shall be released on bail upon furnishing P.R. Bond in the sum of Rs.10,000/- with one or two solvent sureties in the like amount.

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(ii) The applicant/accused shall deposit Rs.7,000/within two weeks in the office of Registrar Judicial, High Court

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(iii) The applicant/accused shall cooperate with the Investigating Officer and attend the concerned police station on every 20/02/2017 and 27/02/2017 between 11.00 a.m. to 01.00 p.m.

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(iv) The applicant/accused shall not indulge into any criminal activity.

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. The application stands disposed of on above terms.

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(MRIDULA BHATKAR, J.)

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Nesarikar

Satish Pandit Pagar v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

Satish Pandit Pagar v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

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