Single judge of the Bombay High Court at Aurangabad allowed anticipatory bail applications filed by four individuals accused under various sections of the IPC, confirming a previous order dated 25th January, 2023.
Applications allowed by confirming the order dated 25th January, 2023.
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.
930.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
ANTICIPATORY BAIL APPLICATION NO. 115 OF 2023
Prabhavati W/o. Balasaheb Lohar
and Anr
...Applicants
Versus
The State of Maharashtra & Anr
...Respondents
WITH ANTICIPATORY BAIL APPLICATION NO. 119 OF 2023
Vishwanath Dnyaneshwar Raut...Applicant
Versus
The State of Maharashtra & Anr
...Respondents
WITH ANTICIPATORY BAIL APPLICATION NO. 117 OF 2023
Vijaykumar Prakash Ransing
and Ors
...Applicants
Versus
The State of Maharashtra & Anr
...Respondents
WITH ANTICIPATORY BAIL APPLICATION NO. 116 OF 2023
Anuradha W/o Prakash Ransing...Applicant
Versus
The State of Maharashtra & Anr
...Respondents
...
Mr. S. G. Kawade, Advocate for the Applicants in
ABA/115, 116 & 117 of 2023.
Ms. S. V. Salunke, Advocate for the Applicant in
ABA/119/2023.
Mr. V. S. Badakh, APP, for the Respondents – State.
...
Page 1 of 3
930.odt
CORAM:R.M. JOSHI, J
DATE :JULY 06, 2023
PER COURT :
1.Applicants apprehend arrest in connection with
with C.R. No. 369 OF 2022 registered with Anandnagar
Police Station, Tq & Dist. Osmanabad for the offences
punishable under Sections 420, 406, 409, 465, 467, 468,
470, 471, 477 and 34 of the Indian Penal Code.
2.Applicants in Applications Nos. 115, 116 and
117 of 2023 who had worked on the scheme of Maharashtra
Gramin Rozgar Hami Yojana. It is not the case of the
investigating agency that entire work is not completed.
Since, there is no dispute about the fact that some
work was definitely done, the Applicants cannot be held
liable for the misappropriation, if any.
3.As far as Applicant in ABA/119/2023 is
concerned, he is employed as data entry operator. His
job was to take entry into computer in respect of data
placed before him. There is nothing to indicate that he
was required to go on the spot and personally verify
the work completed.
4.In view of the above, applications are allowed
Page 2 of 3
930.odt
by confirming order dated 25th January, 2023.
(R.M. JOSHI, J.)
Malani
Page 3 of 3
3 issues framed by the court
Whether anticipatory bail should be granted to applicants apprehending arrest under C.R. No. 369 of 2022 alleging offenses under Sections 420, 406, 409, 465, 467, 468, 470, 471, 477 and 34 of the Indi
Whether allegation of misappropriation in connection with Maharashtra Gramin Rozgar Hami Yojana scheme warrants holding applicants liable for arrest.
Whether allowance of anticipatory bail should confirm the order dated 25th January, 2023.
Prabhavati W/o. Balasaheb Lohar
Vishwanath Dnyaneshwar Raut
Vijaykumar Prakash Ransing
Anuradha W/o Prakash Ransing
The State of Maharashtra
R.M. JOSHI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court