1 cri3912.11 IN THE HIGH COURT OF JUDICATURE OF BOMBAY, BENCH AT AURANGABAD CRIMINAL APPLICATION NO.3912 OF 2011 Jitendra S/o Kumarchandra Parekh ..Applicant -VERSUS- The State of Maharashtra and another ..Respondents ..... Mr. A.S. Gandhi, 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, 2 cri3912.11 468, 471, 120B of the Indian Penal Code and under Section 3 of the Maharashtra Protection of Investors 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. 6,04,900/- on pledge of gold, but, apparently, it appears that it turned out to be yellow metal and outstanding amount in the said account is to the tune of Rs. 14,14,392/- on the date of filing of the complaint. 4. On the aforesaid background, Mr. A.S. Gandhi, learned counsel for applicant, on instructions, stated that the applicant is ready and willing to deposit an amount of Rs. 14,15,000/- with the society; 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. 3 cri3912.11 5. In the light of the aforesaid statement made by the learned counsel for the applicant and acceptance thereof, present 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 statement made by the learned counsel for the applicant, on instructions, and shall deposit an amount of Rs. 14,15,000/- 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 4 cri3912.11 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. 6. It is made clear that if the applicant fails to deposit the aforesaid amount of Rs. 14,15,000/- 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. 7. The present Criminal Application stands disposed of finally. 5 cri3912.11 8. The parties to act on the authenticated copy of this order, duly certified by the Court Shirestedar. (SHRIHARI P. DAVARE) JUDGE ga s/cri3912.11