Bombay High Court
Dilip Baburao Nimbalkar vs The State Of Maharashtra And Anr on 5 October, 2018
Author: V.K. Jadhav
Bench: V.K. Jadhav
1 ABA 1019.2018.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
ANTICIPATORY BAIL APPLICATION NO. 1019 OF 2018
DILIP BABURAO NIMBALKAR
VERSUS
THE STATE OF MAHARASHTRA AND ANR
...
Advocate for Applicant : Mr. Patil Vinod Prakash
APP for Respondents: Mr. V M Kagne
...
CORAM : V.K. JADHAV, J.
Dated: October 05, 2018
...
PER COURT :-
1. The applicant is seeking pre-arrest bail in
connection with crime No.I-65 of 2018 registered with
Kotwali police station, District Ahmednagar for the
offences punishable under Sections 406, 408, 409, 420,
465, 468, 471, 477(A), 120(B) of I.P.C. and under
section 3 of the Maharashtra Protection of Interest of
Depositors (in Financial Establishments) Act, 1999. His
application bearing Cri. M.A. No.1536/2018 with similar
prayer came to be rejected by the learned Additional
Sessions Judge, Court No.7, Ahmednagar.
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2. Learned counsel for the applicant submits that the
applicant was one of the Director of Martand Nagri
Sahakari Patsanstha Maryadit, Ahmednagar. Learned
counsel submits that allegations have been made
mainly against the Chairman and one of the Directors,
namely, Vishal Nimbalkar and Mangal Nimbalkar.
respectively. Learned counsel submits that, except their
relations with the present applicant, there is no
connecting evidence against the applicant. Learned
counsel submits that, though name of the applicant is
there in the list of the Directors, even in the report of
the auditor, there is no specific reference to any of his
role or any signature on any disputed document. There
are no specific allegations against him in the audit
report also. Learned counsel submits that, the applicant
is 65 years of age. His antecedents are clear. He may
be released on anticipatory bail. He is ready to abide
any condition, if imposed by this court.
3. Learned A.P.P. has strongly resisted the
application on the ground that co-accused Chairman
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Vishal Nimbalkar is the son and another Director
Mangal Nimbalkar is the wife of the present applicant.
In view of the same, the applicant may not be released
on bail. Learned APP submits that, custodial
interrogation of the applicant is necessary to find out
his role in the alleged crime.
4. On careful perusal of the investigation papers and
after going through the allegations made in the
complaint, it appears that except the relations of the
applicant with the Chairman and another Director as
above, there is no further connecting evidence against
the applicant. Even, the report of the auditor is silent
about his role and there are no specific allegations
against him. Antecedents of the applicant are clear.
Even this Court has granted anticipatory bail to one of
the Directors by order dated 7.9.2018 in anticipatory
bail application no. 891/2018. Thus, considering the
entire aspect, I am inclined to grant pre-arrest bail to
applicant. Hence the following order :-
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O R D E R
I. Application is hereby allowed.
II. In the event of arrest of the applicant Dilip Baburao Nimbalkar in connection with crime No. I-65 of 2018 registered with Kotwali police station, District Ahmednagar for the offences punishable under Sections 406, 408, 409, 420, 465, 468, 471, 477(A), 120(B) of I.P.C. and under section 3 of the Maharashtra Protection of Interest of Depositors (in Financial Establishments) Act, 1999, he be released on bail on furnishing personal bond of Rs.15,000/-(Rs. Fifteen Thousand) with one surety of the like amount on the following conditions:-
a) The applicant shall not tamper with the prosecution evidence in any manner.
b) The applicant shall attend the concerned police station on every Sunday between 8 to 11 a.m. till filing of the charge sheet.
III. Application is disposed of.
( V. K. JADHAV, J.) ...
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