Bombay High Court
Vijay Abaso Jamadar vs State Of Maharashtra on 30 August, 2023
Author: M. S. Karnik
Bench: M. S. Karnik
2023:BHC-AS:24912
PMB 14.BA.705-23.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
BAIL APPLICATION NO.705 OF 2023
VIJAY ABASO JAMADAR ..APPLICANT
VS.
THE STATE OF MAHARASHTRA ..RESPONDENT
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Adv. Ankit Takle a/w Adv. Nidhi Narwekar for the Applicant.
Ms. Rutuja Ambekar, APP for the State.
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CORAM : M. S. KARNIK, J.
DATE : AUGUST 30, 2023.
P.C. :
1. Heard learned counsel for the applicant and learned
APP for the State.
2. This is an application for bail in respect of the offence
punishable under Sections 408, 465, 467, 471 read with 34
of the Indian Penal Code (hereafter 'IPC' for short)
registered vide C.R. No.74 of 2022 with Kalamboli Police
Station, Panvel.
3. The FIR was registered on 10.03.2022. The applicant
was arrested on 10.08.2022. There are in all two accused.
The applicant is the accused No.1. The applicant was the
custodian of the ATM machine in which the cash is to be
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PMB 14.BA.705-23.doc
deposited. In respect of the accused No.2, this Court by an
order dated 28.08.2023 enlarged the accused No.2 on bail.
The relevant portion of the order reads thus :-
"2.This is an application for bail in respect of the
offence punishable under Sections 408, 465, 467,
471 read with 34 of the Indian Penal Code
(hereafter 'IPC' for short) registered vide C.R. No.74
of 2022 with Kalamboli Police Station, Panvel.
3. The FIR was registered on 10.03.2022. The
applicant was arrested on 10.08.2022. There are in
all two accused. The applicant is the accused no.2.
The applicant was working as the first custodian of
an agency which was handling the ATM machine for
deposit of cash. In the presence of the second
custodian the applicant has to generate slip to know
about the actual balance amount lying the ATM
machines. On the basis of the OTP sent to the first
custodian and second custodian the ATM machines
were to be operated for refill of cash. It is alleged
that there was a short deposit of Rs.66,86,700/- in
the ATM machines for which the applicant and co-
accused are held responsible. It is alleged that an
amount of Rs.23,34,500/- has come to the share of
the applicant. It is the contention of learned counsel
for the applicant that the entire amount for which
the loss alleged by the bank was made good by the
agency where the applicant was working.
4. Be that as it may, the investigation is complete
and the charge-sheet has been filed. The applicant
is in custody for more than a year with no possibility
of the trial concluding any time soon."
4. The accusations as regards the applicant is at par with
accused No.2 who is enlarged on bail. Learned counsel for
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PMB 14.BA.705-23.doc
the applicant submitted that the applicant has deposited a
sum of Rs.8,00,000/- with the company. Learned counsel
for the applicant submitted that the applicant has lost his
job. The applicant does not appear to be a flight risk. There
are no criminal antecedents reported against the applicant.
The applicant will face the consequences of the trial. The
investigation is complete and the charge-sheet has been
filed. In the facts and circumstances of the present case,
the applicant can be enlarged on bail though learned APP
vehemently opposed the application.
5. Hence, the following order :-
ORDER
(a) The application is allowed.
(b) The applicant-Vijay Abaso Jamadar in connection with C.R. No.74 of 2022 registered with Kalamboli Police Station, Panvel shall be released on bail on his furnishing P.R. Bond of Rs.25,000/- with one or more sureties in the like amount.
(c) The applicant shall attend the Investigating Officer of Kalamboli Police Station, Panvel once in a month every first Monday of the month between 11.00 a.m. and 1.00 p.m. 3/4 PMB 14.BA.705-23.doc
(d) The applicant shall attend the trial regularly.
(e) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing the facts to Court or any Police Officer. The applicant shall not tamper with evidence.
(f) On being released on bail, the applicant shall furnish his contact number and residential address to the Investigating Officer and shall keep him updated, in case there is any change.
6. The application is disposed of.
(M. S. KARNIK, J.) 4/4 Signed by: Pradnya Bhogale Designation: PA To Honourable Judge Date: 30/08/2023 19:21:30