Allowed

Ramkishan Lalu Rathod v. the State of Maharashtra and Another

Bombay HC20 Oct 2023ABA/1338/2023

Case brief

AI extract

What is this about?

This court allowed an anticipatory bail application filed by Ramkishan Lalu Rathod in connection with offences under various sections of the IPC, holding that the inquiry report lacked findings of misappropriation and no fault was found; parity with co-accused justified the grant.

What did the court decide?

Application allowed confirming interim order dated 19th August, 2023; Leave granted to place copy of order on record.

Ramkishan Lalu Rathod Vs the State of Maharashtra and Another — Anticipatory Bail | Bombay HC (2023)

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956-ABA-1338-2023.odt

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

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ANTICIPATORY BAIL APPLICATION NO.1338 OF 2023

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RAMKISHAN LALU RATHOD

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VERSUS

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THE STATE OF MAHARASHTRA AND ANOTHER

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...

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Advocate for Applicant : Mr. M. V. Salunke
APP for Respondents: Mr. S. W. Munde

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...

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CORAM:R.M. JOSHI, J
DATE:OCTOBER 20, 2023

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PER COURT :

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1.At the outset, learned Counsel for the

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Applicant seeks leave to place on record copy of order
passed by learned Additional Sessions Judge rejecting
application for pre-arrest bail.

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2. Leave granted.

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3.Applicant apprehends arrest in connection with
with C.R. No. 187 of 2022 registered with Bhusawal City
Police Station, Dist. Jalgaon for the offences
punishable under Sections 420, 120-B, 166, 166-A. 167,
168, 107, 108, 119, 120, 182, 191, 192, 196, 217, 218
of the Indian Penal Code.

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4.Learned Counsel for the Applicant submits that

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Page 1 of 3

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956-ABA-1338-2023.odt

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in connection with the same crime co-accused are

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already granted anticipatory bail by this Court by
passing order in ABA/247/2023 and connected bail
application. By drawing attention of the Court to the
observations made by this Court in the said order, it
is submitted that the same are squarely applicable to
the present case. It is his further contention that in
the inquiry conducted by the Collector no findings are
recorded that this is a case of misappropriation and
the findings are to the effect that there was a
shortage of food grains and the Applicant and co-
accused were held responsible for the same. Hence, they
were directed to made loss good. It is his submission
that the said loss is already made good. He drew
attention of the Court to the observations against
informant in this case who has personal interest and
vengeance against one of the accused person.

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5.Learned APP submits that the present Applicant
is godown keeper and hence, his role cannot be equated
with the co-accused. It is his further submission that
shortage of food grains is huge in terms of percentage

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and hence, this is not a fit case for grant of

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Page 2 of 3

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956-ABA-1338-2023.odt

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anticipatory bail.

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6.Perusal of the report of the Collector does
not show any findings being recorded therein that this
is a case of misappropriation. The report only
indicates that there is a shortage off grains and
Applicant and others are held responsible for the same.
There is no dispute about the fact that the Applicant
and co-accused have made said loss good. The order
passed by this Court in the Applications filed by the
co-accused is more than sufficient to demonstrate the
intentions of the informant. In absence of any findings
recorded by the Collector in the inquiry this is being
a case of misappropriation, this Court finds substance
in the contention of learned Counsel for Applicant that
on parity Applicant is entitled for bail.

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7. In view of above, Application is allowed by

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confirming interim order dated 19th August, 2023.

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Malani

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Page 3 of 3

Ramkishan Lalu Rathod v. the State of Maharashtra and Another

Case brief

What is this about?

What did the court decide?

Ramkishan Lalu Rathod v. the State of Maharashtra and Another

Case brief

What is this about?

What did the court decide?

What the court decided

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