Interim application disposed of. Granted bail to applicant conditioned on depositing remaining misappropriated amount per undertaking and appearance if arrested.
Bail granted, conditioned on deposit of Rs.13,47,000/- in two installments. Interim application dismissed; anticipatory bail application dismissed.
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.
Digitally signed by CHITRA CHITRA SANJAY SANJAY SONAWANE SONAWANE Date: 2022.10.01 14:03:35 +0530
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
INTERIM APPLICATION NO.507 OF 2021
IN
ANTICIPATORY BAIL APPLICATION NO.264 OF 2021
Dinesh Dilip Javalekar ..Intervener.
IN THE MATTER OF:
Bandana Sanjay Mishra...Applicant.
Vs.
State of Maharashtra..Respondent.
WITH
ANTICIPATORY BAIL APPLICATION NO.264 OF 2021
Bandana Sanjay Mishra...Applicant.
Vs.
State of Maharashtra..Respondent.
Mr.Rohit Vaishya, Advocate for the applicant.
Ms M.A. Gowalani for intervener.
Smt.Anamika Malhotra, APP for the State.
API Sarjerao Shendage, Sakinaka police station present.
CORAM : BHARATI DANGRE, J.
DATE : 28th SEPTEMBER, 2022.
P.C.:
1. On 28.01.2021, the Investigating Officer was directed not to arrest
Chitra Sonawane
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the applicant since it was recorded that the alleged amount which was
misappropriated by the applicant was to the tune of Rs.32,47,000/- and the
applicant had deposited an amount of Rs.20,00,000/-.
The interim protection in favour of the applicant is continued till
date.
2. The complainant has filed an application for intervention.
3.The applicant has filed an Affidavit-cum-Undertaking which is sworn
on 28.9.2022, where specific statement is made to the following effect.
3. I say that without admitting the allegations
levelled against me to show my bonafide, I have
deposited Rs.20 Lakhs with the Ld.Metropolitan
Magistrate Court, Andheri and further undertake
that I will deposit balance amount of
Rs.13,47,000/- with Ld.Metropolitan Magistrate
Court, Andheri in the following manner.
On or before 10.11.2022 |
Rs.6,97,000/- |
|---|---|
On or before 30.11.2022 |
Rs.6,50,000/- |
It is also recorded in the affidavit that such a statement shall be
accepted as Undertaking to the Court.
Said affidavit is taken on record and marked as ‘X’ for identification.
4. In the wake of the above Undertaking, the Complainant stated that his grievance stand redressed provided there is time bound compliance of the said Undertaking. Hence, the order.
Chitra Sonawane
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:ORDER:
1.In the event of arrest, the applicant- Bandana Sanjay
Mishra, in connection with C.R.No.1129 of 2020, registered
with Sakinaka Police Station, shall be released on bail on
furnishing P.R. Bond to the extent of Rs.25,000/- with one or
two sureties of the like amount.
2. The applicant shall abide by the Undertaking and deposit balance amount of Rs.13,47,000/- before the Magistrate, as stated in the Undertaking, in two instalments.
3. Failure to abide by the Undertaking, would result the complainant to seek cancellation of bail.
4. Interim application is disposed of.
5. Anticipatory bail application no.264/2021 is disposed of.
[SMT. BHARATI DANGRE, J.]
Chitra Sonawane
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Chitra Sonawane
Bandana Sanjay Mishra
State of Maharashtra
Bharati Dangre
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court