1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. CRIMINAL APPLICATION NO.: 2426 OF 2009 Mahesh S/o Suryakantrao Dhavale. Versus The Police Inspector and others. Mr. K. A. Kadam, Advocate for the Applicant. Mr. P. M. Shinde, A.P.P. for the Respondent/ State. 1. Heard counsel. Perused police papers and report. 2. The Accused/ applicant has requested to enlarge him on bail in the event of his arrest in Crime No.146 of 2009 for offence under section 384, 342, 506 read with 34 of Indian Penal Code. The allegations against the Accused/ applicant are extending threats and coercions. He got a receipt from the agent of the bank for an amount of Rs.94,000/- pre-dating it without making such remittance with an intention to sabotage the bank's seizure activities carried on 26th July, 2009 while the vehicle was at Pune. The counsel has tendered the original receipt. I do find, that there is incorrect mention of the account number, it bears signature of the person who collected amount, including that of the accused/ applicant. There is eye 2 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. witness who has also seen the complainant being taken by the accused to the office. 3. During the course of submissions, it is informed that there is no criminal record to the accused/ applicant. The original receipt tendered today, can be handed over to the investigator. The applicant shall abide with the conditions imposed. Though, the averments that there is belated report to the police or the matter was reported to the police at Pune, need not be commented to, as the xerox copy of the original report indict that the complainant/ the victim immediately approached police on 27th June, 2009 for an incident dated 26th June, 2009, for his report carries an acknowledgment from the Station House Officer of Shivajinagar Police Station with an endorsement, the inquiry is given to A.S.I. Suryawanshi. 4. In the light of the receipt and there being statement of eye witness, at this stage, I find that custodial interrogation of the accused/ applicant is not warranted. However, his presence can be procured on terms. Though the allegations depict a sorry state of affairs of high handedness, however, for this purpose, at 3 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. this stage, there can not be prevention of the rights basically accrued to the accused. 5. In the event of arrest of the accused/ applicant in Crime No.146 of 2009 at Shivajinagar Police Station, Latur, he be released on his furnishing P.R.Bond and surety in the sum of Rs.15,000/- [fifteen thousand only]. 6. The accused/ applicant shall attend concerned police station on every Sunday and Thursday between 10.00 a.m. to 05.00 p.m. 7. The accused/ applicant shall desist in tampering or threatening the complainant and other eye-witness. If any such grievance is lodged, it follows the discretion exercised today shall be terminated. 8. The accused/ applicant shall not leave jurisdiction of Latur for a period of one year. 9. Application is allowed and disposed of in above terms. [K. U. CHANDIWAL, J.] Dated:28/07/2009. ans/2426