This order grants anticipatory bail to the applicant in a criminal case involving misappropriation of company goods, noting that the dispute has been settled and the remaining amount has been deposited.
Released on bail upon furnishing a PR bond of Rs.30,000 with one or two sureties in the like amount in the event of arrest.
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.
07-aba-935-21.odt
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
ANTICIPATORY BAIL APPLICATION NO. 935 OF 2021
Vijay Ramchandra Wadekar.... Applicant
Versus
The State of Maharashtra & Anr..... Respondents
Mr. Santosh Pawar for Applicant.
Smt. Anamika Malhotra, APP for State/Respondent.
CORAM: SARANG V. KOTWAL, J.
DATE: 05th JULY, 2021
(Through Video Conferencing)
P.C. :
1.The Applicant is seeking anticipatory bail in connection
with C.R.No.31 of 2021 registered at M.I.D.C. Police Station,
Mumbai, on 19/01/2021, under section 381 of the Indian Penal
Code (for short ‘IPC’).
2.Heard Shri. Santosh Pawar, learned counsel for the
applicant and Smt. Anamika Malhotra, learned APP for the State.
3.The First Information Report (for short ‘F.I.R.) is
lodged by one Nitesh Nevrekar who was working with On Time
Gokhale
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Logistics Pvt. Ltd. It was a courier company. The applicant was
working as Hub Manager in that company. The company used to
deliver mobile phones to customers. The allegations in the F.I.R.
are that, the applicant kept 02 laptops and 19 mobile phones with
him without making any delivery. The laptops belonged to the
company and 19 mobile phone were worth Rs.5,80,367/-. Since
these goods were not returned and since they were
misappropriated, according to first informant, this F.I.R. is lodged.
4.Learned counsel for the applicant invited my attention
to the order dated 11/06/2021 passed by this court (Coram:
Prakash D. Naik, J.). He submitted that the applicant has
substantially complied with the direction of that order and,
therefore, final order can be passed.
5.Learned APP left the matter to be decided to the
discretion of this court.
6.I have considered these submissions. The
aforementioned order dated 11/06/2021 mentions that the
applicant had paid amount of Rs.2 lakhs to the complainant and
the balance amount of Rs.1,50,000/- was proposed to be paid to
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the complainant by the end of June, 2021. The order also records
that parties have settled the dispute. The order dated 08/04/2021
records that, two laptops of the company were already returned by
the applicant. Therefore, question remains of balance amount of
Rs.1,50,000/-.
7.Learned counsel for the applicant has filed an affidavit
dated 29/06/2021 wherein it is mentioned that the applicant had
deposited balance amount of Rs.1,50,000/-, as mentioned in the
order dated 11/06/2021, in the informant’s company’s account
and receipt dated 29/06/2021 was annexed to the said affidavit.
In this view of the matter, custodial interrogation of the applicant
is not necessary. He can be protected by an order of anticipatory
bail.
8.Hence, the following order :
ORDER
(i)In the event of his arrest in connection with
C.R.No.31 of 2021 registered at M.I.D.C. Police
Station, Mumbai, the applicant is directed to be
released on bail on his furnishing P. R. bond in
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the sum of Rs.30,000/- (Rupees Thirty Thousand
Only) with one or two sureties in the like
amount.
(ii)Application stands disposed of accordingly.
(SARANG V. KOTWAL, J.)
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1 issue framed by the court
Whether the applicant is entitled to anticipatory bail after furnishing the balance amount to the complainant.
1 provisions across 1 enactments
Vijay Ramchandra Wadekar
The State of Maharashtra
Sarang V. Kotwal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court