This court allowed an anticipatory bail application filed in a case involving alleged default under the EPF Act and Section 406 IPC, confirming an interim order and directing release on bail upon arrest.
Anticipatory bail application allowed; interim order confirmed; applicant to be released on bail upon arrest with PR bond of Rs.50,000-
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
ANTICIPATORY BAIL APPLICATION NO.8 OF 2020
Himahshu Baldev Singh
Applicant
versus
The State of Maharashtra
Respondent
Mr.Jahangir M. Khajotia, Advocate, for applicant.
Mrs.P.P.Shinde, APP, for State.
API Pisal, Andheri Police Station, present.
CORAM :PRAKASH D. NAIK, J.
DATE :18th September 2021
PC :
1.This is an application for anticipatory bail in CR No.338 of
2017 registered with Andheri Police Station for offence under
Section 406 of Indian Penal Code and under Section 14 of Employees
Provident Funds and Miscellaneous Provisions Act, 1952.
2.The case of prosecution is that the applicant had collected
Rs.22,76,464/- towards Provident Fund and the same was not
deposited with P.F authorities. Learned counsel or applicant
submitted that the amount of Rs.22,76,464/- has been deposited on
23rd and 27th June 2017. This fact is fortified by learned APP on
instructions and on the basis of report submitted by Investigating
Officer wherein the aforesaid aspect is spelt out.
3.Learned APP, however, submitted that in accordance with
Section 299 of Cr.P.C, the charge sheet has been filed against
applicant and the applicant shall appear before the Trial Court.
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There are two other cases of the similar nature registered against
applicant, however, learned counsel for applicant submit that the
amount in those cases has been deposited by the applicant.
4. Considering the aforesaid circumstances, the applicant need not be subjected to custodial interrogation. Interim protection dated 3-1-2020 can be confirmed. Hence, I pass following order :
ORDER
(i) Anticipatory Bail Application is allowed and disposed of;(ii) Interim order dated 3-1-2020 is confirmed;(iii)In the event of arrest of applicant in CR No.338 of 2017
registered with Andheri Police Station, Mumbai, the applicant be
released on bail on his executing PR bond in the sum of Rs.50,000/-
with one or more sureties in the like amount;
(iv)The applicant shall appear regularly before Trial Court on the
dates of hearing, unless exempted by the Trial Court.
(PRAKASH D. NAIK, J.)
MST
1 issue framed by the court
Whether anticipatory bail is maintainable in cases involving non-deposit of Provident Fund.
2 provisions across 2 enactments
Himahshu Baldev Singh
The State of Maharashtra
Prakash D. Naik
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court