Allowed bail to an Upsarpanch accused of misappropriation after noting that similar co-accused were released upon depositing the amount. Released applicant on P.B. and S.B. of Rs.50,000 with one surety.
Released on bail executing P.B. and S.B. of Rs.50,000 with one solvent surety in the like amount.
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933-ba-14-2023.odt
(1)
IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
BAIL APPLICATION NO.14 OF 2023
BABURAO SAMPAT PATIL
VERSUS
THE STATE OF MAHARASHTRA
Advocate for Applicant : Mr. Bhosale Mahesh Kalidas
APP for Respondent/State : Mr. K.S. Patil
CORAM : S.G. MEHARE, J.
DATED : JANUARY 18, 2023
PER COURT:-
1.Heard learned counsel for the applicant and learned APP
for the State.
2.The applicant is a upsarpanch. It has been alleged
against him that he misused his position as upsarpanch and
misappropriated Rs.5,02,000/-. It is not in dispute that similarly
situated 19 co-accused have been released on bail. They have
deposited the amount of alleged misappropriation.
3.The applicant states that he has also deposited the
amount of Rs.5,02,000/- in the trial Court. That apart, the
investigation has been completed and charge sheet has also been
filed. Nothing remained to be recovered from the applicant. The trial
will take its own time. Therefore, the applicant deserve the bail.
Hence, the following order :
933-ba-14-2023.odt
(2)
ORDER
(i) Bail Application is allowed.(ii)The applicant, Baburao Sampatrao Patil, be released on bail on
executing P.B. and S.B. of Rs.50,000/- (Rupees fifty thousand) with
one solvent surety in the like amount in connection with Crime
No.126 of 2022, registered at Raver Police Station, District Jalgaon
for the offence punishable under Section 406, 409, 420, 465, 471 r/w
34 of the Indian Penal Code, on the condition that he shall attend the
trial on every effective date.
Mujaheed//
2 issues framed by the court
Whether the bail application filed by the accused who deposited the misappropriated money and whose co-accused were released on similar terms deserve to be allowed.
What amount the applicant has to deposit as bail under P.B. and S.B. if the bail is allowed.
5 provisions across 1 enactments
BABURAO SAMPAT PATIL
THE STATE OF MAHARASHTRA
S.G. MEHARE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court