Bombay High Court
Gundappa Jagannath Hulgeri vs The State Of Maharashtra on 14 January, 2020
Author: Prakash D. Naik
Bench: Prakash D. Naik
Sajakali Jamadar 1 of 4 904-BA-1604-2019.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL BAIL APPLICATION NO. 1604 OF 2019
Gundappa Jagannath Hulgeri ...Applicant
Versus
The State of Maharashtra ...Respondent
WITH
INTERVENTION APPLICATION NO. 01 OF 2020
IN
CRIMINAL BAIL APPLICATION NO. 1604 OF 2019
Prakash Bhalchandra Waikar ...Applicant
Versus
The State of Maharashtra ...Respondent
.....
Mr. Sagar Tambe i/b Mr. Ritesh Thobde, Advocate for the Applicant.
Mr. M. R. Deshpande, Advocate for Original Complainant.
Smt. Veera Shinde, APP for the state-respondent.
.....
CORAM : PRAKASH D. NAIK, J.
DATE : 14th January, 2020
PC :
1. This is an application for bail in C.R. No. 628 of 2018
registered with Fauzdar Chavadi Police Station, Dist. Solapur for
offence punishable under Sections 420, 409, 403, 408 of IPC and
Sections 66, 66(B), 66(C), 66(D) of Information Technology Act.
2. The prosecution case is that, during the period from 2 nd March,
2018 to 13th August, 2018, the applicant while working as a clerk in
the computer department of Solapur Janta Sahakari bank Ltd.
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Sajakali Jamadar 2 of 4 904-BA-1604-2019.doc
operated frozen accounts of three persons by obtaining supervisory
password and transferred the amount in those account to the
applicant and witnesses Ambadas Dandi and Mallinath Kanche. The
accused had threatened the complainant and cheated the bank to the
tune of Rs.21,92,000/-
3. Learned counsel for the applicant submitted that the applicant
is in custody for more than one year. The trial has not commenced.
There are no criminal antecedents against him. Amount of Rs. 3 Lakh
was seized from the bank account of the applicant during the course
of investigation. It is further submitted that the applicant has filed
affidavit dated 16th December, 2019, stating that after he is released
on bail he will make an earnest endeavor to sell the plot purchased
by him which is situated at Gat No. 3, Survey No. 164/1/A/1/1, plot
No.13 admeasuring 111.29 Sq. Meters and deposit the amount out of
the sale proceeds in the registry of District and Sessions Court
Solapur. The trial Court after conclusion of trial may make just and
equitable decision of said amount. The amount would be deposited
to show his bonafide.
4. Learned APP submitted that the value of the property,
applicant intends to sell is lesser than the amount misappropriated
by the applicant. It is further submitted that there is no guarantee
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Sajakali Jamadar 3 of 4 904-BA-1604-2019.doc
that the applicant would sell the property.
5. Learned counsel for the intervenor reiterated the submissions
advanced by learned APP. It is submitted that the accused have
misappropriated the amount by misusing the password. He might
tamper with the evidence if referred on bail. It is further submitted
that the amount which will be received out of the sale proceeds may
be directed to be deposited with the complainant bank.
6. The applicant is arrested on 18 th October, 2018, since then he
is in custody. Since the applicant has filed affidavit/undertaking to
show his bonafide, opportunity can be given to him by granting
temporary bail. Learned advocate for the applicant submitted that
the property mentioned in the affidavit will be sold within a period
of 8 weeks and the sale proceeds would be deposited in the trial
Court. Considering the submissions, presently the bail can be granted
to the applicant for temporary period of two months from the date of
his release.
6. Hence, I pass the following order.
ORDER
i) The applicant is directed to be released on bail in connection with C.R. No. 628 of 2018 registered ::: Uploaded on - 16/01/2020 ::: Downloaded on - 16/01/2020 21:15:08 ::: Sajakali Jamadar 4 of 4 904-BA-1604-2019.doc with Fauzdar Chavadi Police Station, Dist. Solapur for a period of two months from the date of his release on furnishing P.R. bond in the sum of Rs. 25,000/- with one or more sureties in the like amount;
ii) The applicant shall abide by the statements in the affidavit dated 16th December, 2019 and the amount out of the sale proceeds presently be deposited in the Trial Court.
iii) The applicant shall report concerned police station once in a fortnight on 2nd Saturday between 10.00 am. to 12.00 pm. till further order. The applicant shall remain present in this Court on next date of hearing.
iv) Stand over to 11th March, 2020.
(PRAKASH D. NAIK, J.) ::: Uploaded on - 16/01/2020 ::: Downloaded on - 16/01/2020 21:15:08 :::