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2025 DAILYLAW 71428 (BOM)

DADASAHEB LAXMAN LUBAL v. STATE OF MAHARASHTRA

ABA/1743/2025 · 2025-12-05

Shri Shivkumar Dige

body2025

Judgment text

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37-ABA-1743-2025 (CR).DOC IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 1743 OF 2025 Dadasaheb Laxman Lubal ...Applicant Versus The State of Maharashtra ...Respondent ….. Mr. Sanjeev Kadam, Senior Counsel a/w Ms. Varsha Thorat and Mr. Aarya V. Ambulkar i/by Mr. B. A. Lawate, for Applicant. Dr. A. A. Takalkar, APP for the Respondent-State. ….. CORAM : SHIVKUMAR DIGE, J. DATE : 5th DECEMBER 2025 P.C. 1. The Applicant is apprehending arrest in Crime No.261 of 2025 registered with Tembhurni Police Station, Dist. Solapur for the offences punishable under Sections 420, 406, 467, 468 r/w Section 34 of the Indian Penal Code, 1860. 2. It is prosecution’s case that the applicant is Clerk in Ratanchand Shah Co-operative Bank. The First Informant had given blank cheques to the applicant for bank transaction. The applicant and co-accused had misused the said cheques and taken out the amount of Rs.15,30,000/- from the bank account of the first informant without his knowledge. Sajakali Jamadar SAJAKALI LIYAKAT JAMADAR Digitally signed by SAJAKALI LIYAKAT JAMADAR Date: 2025.12.05 16:50:24 +0530 37-ABA-1743-2025 (CR).DOC 3. It is contention of learned counsel for applicant that the applicant and co-accused have deposited the entire amount of Rs.15,30,000/- in the bank account of the first informant along with interest accrued thereon. Hence, custodial interrogation of the applicant is not required. Hence, requested to allow the application. 4. Learned APP on instructions from the Investigating Officer submits that the applicant and co-accused have deposited the amount in the bank account of the first informant along with interest and requested to pass appropriate order. 5. I have heard both the learned counsels, perused the FIR and documents placed on record. The allegations against the applicant are of withdrawing the amount from the bank account of the first informant without his knowledge. The applicant and co-accused have deposited the entire amount of Rs.15,30,000/- in the bank account of the first informant along with interest accrued thereon. Considering these facts, his custodial interrogation is not required. Hence, I pass the following order. ORDER (i) Application is allowed; (ii) In the event of arrest, the applicant be enlarged on bail in Crime No.261 of 2025 registered with Tembhurni Police Station, Dist. Solapur on executing Sajakali Jamadar 37-ABA-1743-2025 (CR).DOC P.R.Bond in the sum of Rs.20,000/- with one or two sureties in the like amount; (iii) The applicant shall attend the concerned police station as and when required. 6. The application is allowed in the aforesaid terms and is accordingly disposed off. 7. It is made clear that the above observations are made only for the purpose of granting anticipatory bail and the Trial Court shall decide the case on its own merits in accordance with law and uninfluenced by the observations made in this order. 8. All concerned to act on the authenticated copy of this order. (SHIVKUMAR DIGE, J.) Sajakali Jamadar