1 cri3979.11 IN THE HIGH COURT OF JUDICATURE OF BOMBAY, BENCH AT AURANGABAD CRIMINAL APPLICATION NO.3979 OF 2011 Anup S/o Pravin Parekh ..Applicant -VERSUS- The State of Maharashtra and another ..Respondents ..... Mr. M.M. Patil (Beedkar), Advocate for applicant Mr. D.R. Korde, APP for respondents ..... (CORAM : SHRIHARI P. DAVARE,J.) DATE : 26th September, 2011. PER COURT : 1. Perused the investigation papers which were made available for inspection purpose and heard the learned counsel for the respective parties finally. 2. This is an application preferred by the applicant seeking anticipatory bail apprehending his arrest, in connection with C.R. No. I-266/2011, registered at Kotwali Police Station, Dist. Ahmednagar, for the offences punishable under Sections 177, 417, 420, 465, 468, 471, 120B of the Indian Penal Code and under Section 3 of the Maharashtra Protection of Investors 2 cri3979.11 Deposit Act, 1999. 3. It appears that the crime has been registered on the basis of the complaint lodged by the complainant namely; Doram Marutirao Baraskar, a Government Panel Chartered Accountant on 1st August, 2011. The allegations made against the applicant herein are that he was granted gold loan of Rs. 3,90,000/- on pledge of gold, but, apparently, it appears that it turned out to be yellow metal and the outstanding amount in the said account is to the tune of Rs. 9,10,314/- on the date of filing of the compliant. 4. On the aforesaid background, the applicant herein tendered an undertaking stating that the applicant is ready and willing to deposit an amount of Rs. 9,10,314/- and the said undertaking dated 25th September, 2011 is taken on record and marked at Document `X'. 5. In pursuance of the aforesaid undertaking Mr. M.M. Patil (Beedkar), the learned counsel for the applicant, on instructions, stated that the applicant 3 cri3979.11 shall deposit an amount of Rs. 9,10,314/- in the Society namely; Sampada Nagri Sahakari Pat Sanstha, Chitale road, Ahmednagar till 5th October, 2011, without prejudice to his rights and contentions and the said statement is accepted and taken on record. 6. In the light of the aforesaid undertaking filed by the applicant as well as in pursuance of the statement made by the learned counsel for the applicant, on instructions, as mentioned hereinabove, the present Application deserves to be allowed, but on certain conditions. 7. In the result, present Criminal Application is allowed and it is directed that in the event of arrest of the applicant under C.R. No. I-266/2011, registered at Kotwali Police Station, Dist. Ahmednagar, he be released on bail, on furnishing P.R. bond in the sum of Rs. 25,000/- with one surety in the like amount, on the following conditions :- (i) The applicant shall comply with the aforesaid undertaking and the statement made 4 cri3979.11 by the learned counsel for the applicant on instructions and shall deposit an amount of Rs. 9,10,314/- with Sampada Nagri Sahakari Pat Sanstha, Chitale road, Ahmednagar till 5th October, 2011. If the applicant deposits the said amount within the aforesaid period with the aforesaid society, the said amount be kept in the Sundry deposit account of the aforesaid society, till filing of the charge sheet. (ii) The applicant shall give attendance before the concerned Investigator once in a week i.e. every Sunday between 4 p.m. to 7 p.m. till filing of the charge sheet and shall co-operate in the investigation. (iii) The applicant shall not influence upon the witnesses and/or tamper with the evidence, in any manner whatsoever, directly or indirectly. 8. It is made clear that if the applicant fails 5 cri3979.11 to deposit the aforesaid amount of Rs. 9,10,314/- with the above referred society till 5th October, 2011, the anticipatory bail granted in favour of the applicant shall stand cancelled automatically without further reference to the Court. 9. The present Criminal Application stands disposed of finally. 10. The parties to act on the authenticated copy of this order, duly certified by the Court Shirestedar. (SHRIHARI P. DAVARE) JUDGE ga s/cri3979.11