Bombay High Court
Manoj S/O. Ananda Umbarhande And Anr vs The State Of Maharashtra And Anr on 1 August, 2019
Author: V.K. Jadhav
Bench: V.K. Jadhav
1 ABA 779.2019.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
ANTICIPATORY BAIL APPLICATION NO.779 OF 2019
1. MANOJ S/O. ANANDA UMBARHANDE
2. JIJABAI W/O ANANDA UMBARHANDE
VERSUS
THE STATE OF MAHARASHTRA AND ANR
...
Advocate for Applicants : Mr Deshmukh Rajendra S.
APP for Respondent : Mr. S P Sonpavale
...
CORAM : V.K. JADHAV, J.
Dated: August 01, 2019
...
PER COURT :-
1. The applicants are seeking anticipatory bail
in connection with Crime No.90 of 2019 registered with
Jafrabad Police Station, District Jalna for the offences
punishable under sections 418, 420, 465, 468, 471,
506, 34 of Indian Penal Code. Their application with
similar prayer bearing Criminal Bail Application No.489
of 2019 came to be rejected by the learned Additional
Sessions Judge-5, Jalna.
2. Heard both sides.
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3. On going through the allegations made in the
complaint and on perusal of the investigation papers, it
appears that the allegations made as against the
applicants are two fold. It has been alleged by the
informant who happened to be the father of the
applicant no.1 that the applicant no.1 was working as
an Assistant Manager in the Maharashtra Gramin Bank
branch at Panvadod and that the applicant illegally
transferred the account of the informant maintained in
the branch at Jafrabad to Panvadod branch. Secondly,
it has been stated that the informant was suffering from
Paralysis and both the applicants have given threats to
him and obtained his signatures on blank withdrawal,
and in that way withdrawn substantial amount from his
account. It further appears that the informant has also
instituted the Special Civil Suit No.31 of 2018 against
the applicants and three others for declaration of
ownership, possession and for a decree of perpetual
injunction in respect of certain landed property. It
further appears from the investigation papers that
relations between the applicants on one side and the
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informant on the other side are considerably strained.
So far as the allegations as detailed above are
concerned, those are in respect of the day to day
working of applicant no.1 and, therefore, on making
query with the counsel for the applicant, it has been
submitted that the bank has conducted an independent
inquiry into the matter. Informant has forwarded his
complaint to the Bank Authorities and in connection
with that complaint, an independent inquiry came to be
conducted by the Bank. Learned APP was thus
requested to find out if any inquiry is conducted by the
Bank. Learned APP has placed before this Court the
inquiry conducted by the bank and the report submitted
to the Regional Office, Bank of Maharashtra Gramin.
On going through the said inquiry report and the letter
forwarded to the Regional Office, it appears that on
inquiry the bank found no substance in the allegations
made by the informant. So far as the transfer of the
account from the Branch at Jafrabad to the branch at
Panvadod is concerned, the learned counsel for the
applicant, on instructions, submits that said account
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has been re-transferred to the Branch at Jafrabad at the
request of the informant. Though, there are certain
allegations about obtaining of the signatures of the
informant on blank withdrawal slips and further on the
basis of said slip, withdrawal of certain amount from the
bank account of the informant, though the bank found
no substance in those allegations, in order to show the
bonafides, applicant no.1 has deposited the total
amount of Rs.4,17,000/- (Rs. Four lacs Seventeen
Thousand) before this Court. Applicant no.1 is the son
and applicant no.2 is wife of the informant. Their
antecedents are clear. Bank has also closed the inquiry
with the observations that the complaint is nothing but
the outcome of strained relations amongst the family
members. In the given set of allegations, custodial
interrogation of the applicants is not required. Thus,
considering the entire aspect of the case, I am inclined
to grant anticipatory bail to both the applicants, with
certain conditions. Hence, following order.
ORDER
1. The application is hereby allowed.
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2. In the event of the arrest of applicant no.1]-
MANOJ S/O. ANANDA UMBARHANDE and 2]-JIJABAI W/O ANANDA UMBARHANDE in connection with Crime No.90 of 2019 registered with Jafrabad Police Station, District Jalna for the offences punishable under sections 418, 420, 465, 468, 471, 506, 34 of Indian Penal Code, they be released on bail on furnishing P.B. of Rs.5,000/- (Rs. Five Thousand) EACH, with one surety the like amount by each of them, on the following conditions :-
a] The applicants shall not tamper with the prosecution evidence in any manner.
b] The applicant no.1 shall attend the concerned police station once in a week i.e. on Every Sunday between 8 am to 11 am till filing of the charge sheet.
c] The applicant no.2 shall make herself available as and when required by the Investigating Officer in carrying out further investigation into the crime.
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6 ABA 779.2019.odt d] The applicant no.1 is working as an Assistant Manager in Maharashtra Gramin Bank Branch at Panvadod. He shall not operate the account of the informant now maintained in Jafrabad Branch in any manner.
e] Amount of Rs.4,17,000/-(Rs. Four Thousand Seventeen Thousand) deposited before this Court shall be transferred to the trial court and the informant will be at liberty to file an application for withdrawal of the said amount before the trial Court. It is for the trial court to pass an appropriate orders after giving an opportunity of hearing to the applicants.
3. Application is accordingly disposed off.
( V.K. JADHAV, J. ) ...
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