The High Court of Judicature at Bombay allowed a bail application filed by an accused alleging misappropriation of company funds, enjoining personal bonds and surrendering regularly to the trial court.
Granted bail on cash bond of Rs. 25,000 for eight weeks, requiring personal surety bond and monthly reporting.
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.
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nsc.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
CRIMINAL BAIL APPLICATION NO.674 OF 2019
Arunkumar Shambhu Bhagat ...Applicant Versus The State of Maharashtra ...Respondent
Mr.Rakesh Singh, for the Applicant.
Mr.S.V.Gavand, A.P.P for the Respondent - State.
PSI – H.H.Mitke, Kurar Police Station, Mumbai.
CORAM : REVATI MOHITE DERE, J.
DATE : 13th JUNE, 2019
P.C. :
1. Heard learned counsel for the parties.
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applicant was working with a Marble company “Tinka Tones”. It is stated that the employer was residing out of country most of the times and as such the workers were taking care of the business of the company. It is alleged by the complainant that the daily collection of the company was collected and kept with the applicant at his house, as the employer of the company had implicit trust in the applicant. It is alleged that an amount of Rs.47 lakhs was collected by the company in a few months towards sale proceeds and were given to the applicant, however, the applicant misappropriated the same.
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applicant is enlarged on bail on the following terms and conditions:-
ORDER
i) The Applicant be released on cash bail in the sum of Rs.25,000/-, for a period of eight weeks;
ii) The Applicant shall within the said period of eight weeks, furnish P.R. Bond in the sum of Rs.25,000/- with one or more local sureties in the like amount;
iii) The Applicant shall attend the concerned Police Station, on every Monday between 10:00 a.m. to 11:00 a.m., till the sureties are furnished and accepted by the appropriate authorities and thereafter on the first Monday of every month, between 10:00 a.m. to 11:00 a.m., till the conclusion of the trial;
iv) The Applicant shall inform his latest place of residence and mobile contact number immediately after being released and/or change of residence or mobile details, if any, from time to time to the trial Court
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as well as to the concerned Police Station, in writing;
influence/contact the complainant, witnesses or any person concerned with the case;
vii) An undertaking to the aforesaid clauses (ii) to (vi), shall be filed by
the Applicant, in the Registry of the trial Court, within two weeks of his release;
viii) If there are two consecutive defaults in appearing before the trial
Court, the learned Judge shall make a report to the High Court and the prosecution would be at liberty to file an application seeking cancellation of bail.
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facie and are confined to this application and the learned Judge to decide the case on its own merits, uninfluenced by the observations made herein.
REVATI MOHITE DERE, J.
1 issue framed by the court
Whether the applicant should be granted bail in connection with the alleged offence of criminal breach of trust under Section 408 IPC.
1 provisions across 1 enactments
Arunkumar Shambhu Bhagat
The State of Maharashtra
REVATI MOHITE DERE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
