Yashwant Dattatray Desai v. the State of Maharashtra

Bombay HC5 Dec 2019APPLN/117/2019

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910.APPLN.117.2019.doc

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

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CRIMINAL APPLICATION NO.117 OF 2019

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Yashwant Dattatray Desai

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Applicant

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versus

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The State of Maharashtra

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Respondent

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Mr.Satyavrat Joshi i/by Nitesh J. Mohite for applicant.
Mr.H.J.Dedhia, APP, for State.

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CORAM :PRAKASH D. NAIK, J.

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DATE : 5th December 2019

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PC :

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Yashwant Dattatray Desai Vs the State of… — Pension and Retirement Benefits | Bombay HC (2019)

1.This is an application for relaxation of condition imposed while
granting bail to the applicant by Additional Sessions Judge,
Ichalkarangi by order dated 9th January 2019 in Bail Application
No.434 of 2018. The applicant was directed to be released on bail in
CR No.506 of 2018 registered with Shivaji Nagar Police Station,
Ichalkarangi for offences under Sections 406, 420, 509 of IPC. While
granting bail the Court had directed that the applicant shall furnish,
in addition to the solvent surety as stipulated in condition no.2 of the
bail order, bank security in the sum of Rs.25 lakh.

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2.The applicant subsequently preferred an application for
relaxation of aforesaid condition but said application was rejected
vide order dated 2nd March 2019. In the order rejecting the said
application it is stated that cash amount of R.3 lakh and other
amounts lying in the the bank accounts of applicant namely
Rs.3,96,000/- and Rs.18,83,501/- respectively were seized by Police.
It is also observed that the address of the firm provided by the

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3.It is noted that the amount lying in the bank as stated above,
has been seized. The order granting bail also stipulates condition of
reporting to police station. The applicant has been released on bail
on execution of PR bond in the sum of Rs.50,000/- with solvent
surety. However, on account of the condition of furnishing bank
security in the sum of Rs.25 lakh, the applicant has been continued
to be in custody, although bail was granted on 9th January 2019.

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(i)The order dated 9th January 2019 passed by learned Additional
Sessions Judge, Ichalkarangi granting bail to the applicant on
application below Exhibit-1 in Bail Application No.434 of 2018 is
modified and the condition of furnishing bank security in the sum of
Rs.25 lakh stands relaxed;

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(ii)Other conditions stipulated by learned Additional Sessions
Judge, Ichalkarangi while granting bail, shall remain intact;
(iii)The applicant shall furnish details of his residence to the
Investigating Officer after he is released on bail;

Yashwant Dattatray Desai v. the State of Maharashtra

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