Bombay High Court
Mahesh Balkrishna Dandawate vs State Of Maharashtra on 30 August, 2023
Author: N.J.Jamadar
Bench: N.J.Jamadar
907 aba 2436 of 2023.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
ANTICIPATORY BAIL APPLICATION NO.2436 OF 2023
Mahesh Balkrishna Dandawate ... Applicant
versus
The State of Maharashtra ... Respondent
Mr. K.K.Khamare, for Applicant
Mr. M.G.Patil, APP for State.
CORAM: N.J.JAMADAR, J.
DATE : 30 AUGUST 2023
P.C.
1. Heard the learned Counsel for the parties.
2. This is an application for pre-arrest bail in connection with C.R.No.387
of 2023 registered with Barshi Sahar Police Station for an offence punishable under
Section 379 of the Indian Penal Code, 1860.
3. The indictment against the applicant is that the applicant had entered
into a contract with the first informant to process the waste at Barshi Nagar Parishad.
The applicant owed amount to the first informant towards outstanding payment. The
applicant had drawn a cheque payable on 1 March 2023. When the first informant
attempted to trace out the cheque on 28 February 2023, the said cheque went missing
from his office. Since the applicant and his employees were visiting the office of the
first informant, in the intervening period, the first informant entertained suspicion
against the applicant and lodged the report.
SSP 1/2
907 aba 2436 of 2023.doc
4. Evidently, FIR is lodged on the basis of suspicion. The offence entails
punishment which may extend to three years. Having regard to the nature of the
accusation, it would be expedient to grant interim protection to the application with a
direction to join in the investigation.
5. Hence, the following order :
ORDER
(i) Issue notice to the Respondent, returnable on 27 September, 2023.
(ii) The learned APP waives service on behalf of Respondent.
(iv) In the event of the arrest of the Applicant - Mahesh Balkrishna Dandawate in connection with C.R.No.387 of 2023 registered with Barshi Sahar Police Station, the Applicant be released on bail on furnishing a PR bond in the sum of Rs.30,000/- with one or two sureties in the like amount.
(v) The Applicant shall co-operate with the investigation and report to Barshi Sahar Police Station on every Sunday from 10.00 a.m. to 12.00 noon till the next date.
(vi) The Applicant shall not tamper with the prosecution evidence and/or give threat or inducement to any of the prosecution witnesses and the persons acquainted with the facts of the case.
( N.J.JAMADAR, J. ) SSP 2/2 Signed by: S.S.Phadke Designation: PS To Honourable Judge Date: 01/09/2023 17:53:42