SAYYAD AZHAR AKBAR v. THE STATE OF MAHARASHTRA AND ANOTHER
ABA/2112/2024 · 2025-02-07
Shri Arun R Pedneker
body2025
DailyLaw.ai
[ 2025 DAILYLAW 33608 (BOM) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 33608 (BOM) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
IN THE JUDICATURE OF HIGH COURT AT BOMBAY BENCH AT AURANGABAD 945 ANTICIPATORY BAIL APPLICATION NO. 2112 OF 2024 Sayyad Azhar Akbar VERSUS The State Of Maharashtra And Another ... Advocate for Applicant : Mr. Salunke Sudarshan J APP for Respondents-State: Mr. B.B. Bhise ...
CORAM : ARUN R. PEDNEKER, J. Dated : February 07, 2025.
PER COURT :-
1. Heard learned counsel for the applicant and the learned APP for the respondent-State.
2. The applicant is apprehending arrest in connection with FIR No.89/2024, dated 23/02/2024, registered at Kaij Police Station, District Beed, for the offences punishable under sections 420, 406, 409, 120-B, 201, 34 of the Indian Penal Code and under Section 3, 4 of the Maharashtra Protection of Interest of Depositors (In Financial Establishment) Act, 1999.
3. This Court, by order dated 30/01/2024, granted interim protection to the applicant for the reasons stated in the order. This Court also confirmed the interim protection to the co-accused/applicant in ABA No. 513/2024 and 516/2024 on 17/01/2025. Considering the submission of the
learned Counsel for the applicant at paragraph Nos. 3 and 4 of the order dated 30/01/2024, which are as follows: -
“3] The learned Counsel for the applicant submits that this is not a case where there is misappropriation and rather it is due to mismanagement of the patsanstha. The applicant along with the Page
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945 ABA 2112-2024 board of directors possibly not competent enough to deal with the money. As such, the total loss got to the patsanstha of approximately Rs.88 Lakhs. However, the board of directors by deposing their personal assets have deposited Rs.45,00,00/-. The patsanstha also has some security and assets. The learned counsel for the applicant submits that at the relevant time the applicant was the manager of the patsanstha and that it is shown that some cash account is on his name. The learned counsel submits that the cash in hand is rather used for day to day function. He is not in position today to deposit the amounts as to prove his bonafides. Notwithstanding the same, the learned counsel submits that, the applicant to show his bonafides may be allowed to deposited Rs.2,00,000/-. Considering the above submissions, the interim protection deserves to be granted tot he applicant. 4] The applicant is permitted to deposit Rs.2,00,000/- in the patsanstha and produce receipt of the same on the next date.”
4. The learned Counsel for the applicant points out that he has deposited Rs. 2 lakh with the Patsanstha. Considering the same, the interim protection granted by order dated 30/01/2024 is confirmed. 5. In view of the above, the application is allowed in the following terms : - i] In the event the applicant is arrested in connection with FIR No.89/2024, dated 23/02/2024, registered at Kaij Police Station, District Beed, for the offences punishable under sections 420, 406, 409, 120-B, 201, 34 of the Indian Penal Code and under Section 3, 4 of the Maharashtra Protection of Interest of Page
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945 ABA 2112-2024 Depositors (In Financial Establishment) Act, 1999, he shall be released on bail on furnishing PR bond of Rs.15,000/- with one or two sureties in the like amount to the satisfaction of the trial Court. ii] The applicant shall attend the police station as and when called by the police. iii] The applicant shall not tamper with the evidence of the prosecution in any manner.
He shall not influence the informant, witnesses and other persons concerned with the case. iv] The applicant shall co-operate with the investigation and also in the proceedings before the trial Court. 6. In the event, the applicant violates any of the conditions specified in this order, it shall be liable to be cancelled. 7. It is also clarified that the observations made in this order are limited to the disposal of the present anticipatory bail application and the trial Court shall proceed further in the matter without being influenced by the observations made hereinabove. 8. The application stands disposed of. ( ARUN R. PEDNEKER, J. ) vj gawade/-. Page
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