1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Criminal Application B.A. No. 491/2011 (Abhay S/o. Rajaram Dahare V/s. State of Maharashtra through P.S.O. P.S. Wadgaon Road, Tah. & Dist. Yavatmal) Office Notes, Office Memoranda of Coram, Appearances, Courts orders or directions Court’s or Judge’s orders and Registrar’s orders. Mr. N. A. Gaikwad, Advocate for the Applicant Mr. N. R. Rode, A.P.P. for the Non-Applicant CORAM : U.V. BAKRE, J. DATED : 15.9.2011. 1. Heard Mr. N. A. Gaikwad, learned Advocate for the Applicant and Mr. N. R. Rode, learned A.P.P. for the Non-Applicant. 2. The applicant, who has been arrested on 15/06/2011 in Crime No. 153/2011, registered with Police Station Wadgaon (Road), for offence punishable under Sections 420, 406, 468, 471, 477(c) read with Section 34 of the Indian Penal Code (hereinafter referred to as the “IPC”), has filed this application under Section 439 of the Code of Criminal Procedure for grant of bail. 3. Initially, the complaint filed by one Pradip Dhanraj Suryawanshi, Field Officer of Sahayata Micro Finance Company, Udaypur (Rajasthan), Branch Office Yeotmal, was against Mr. Shiv Ajabrao Daldale for having cheated the clients. 2 4. Subsequently, the name of other alleged accused persons came to be added to the crime with addition of further sections of IPC. 5. The respondent has filed reply resisting the application on various grounds. 6. However, it is seen that the alleged accused namely Shiv Ajabrao Daldale has already been released on bail by the learned Judicial Magistrate, First Class, Yeotmal, by order dated 06/06/2011. It is further seen that subsequently by order dated 05/08/2011, this Court has ordered release of two more alleged co-accused namely Amar Bhagwan Pansok and Manoj Rambhau Chaykate. 7. It appears that the respondent is opposing the application mainly because the alleged co-accused Padmakar Savant, the Branch Manager of the Company is still not arrested. According to the respondent, he is absconding. 8. It is seen that the vital investigation is almost complete and the detention of the applicant in custody would not in any manner help the arrest of the alleged absconding co-accused. 9. No purpose would now be served by keeping the present applicant in custody when the other main co-accused are already 3 on bail. On the ground of parity, the present applicant is also entitled for bail. 10. In the result, the application is allowed. 11. The applicant shall be released on bail in crime no. 153/2011 of Police Station Wadgaon (Road), upon execution of personal recognition bond in the sum of Rs. 50,000/- with two solvent sureties in the like mount with condition that he shall not enter the limits of Yavatmal district till trial is over except for reporting to the Police Station Wadgaon (Road) once in a week preferably on Monday between 11.00 A.M. to 2.00 P.M. till the charge-sheet is filed. 12. The Application stands disposed of accordingly. 13. Liberty is given to the applicant to move the concerned Sessions Judge, for modification or cancellation of any of the conditions imposed above. Hamdast allowed. JUDGE Punde.