1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1968 OF 2010 Vishwas Ram Rathod ...... Applicant. V/s The State of Maharashtra ....... Respondent. Mr. M.S. Mohite for the applicant. Mr. S.R. Shinde, APP for the State. CORAM: V. M. KANADE, J. DATE : 6th May, 2010 P.C.:- 1. The learned Counsel appearing on behalf of the applicant submits that pursuant to the order passed by this Court dated 30th April, 2010, the applicant’s brother has invested an amount of Rs 8 lacs in the Fixed Deposit of the State Bank of India and tendered the said FDR in the Court of Judicial Magistrate First Class. 2. It is alleged in the FIR which is registered with Bund Garden Police Station vide C.R. No. 463/2009 for the offence punishable under sections 420, 403, 467, 471 read with section 34 of the IPC that the applicant has defalcated huge amount of Rs 82,80,000/-. 2 3. The learned Counsel appearing on behalf of the applicant submits that after the applicant was arrested, an amount of Rs 74,12,000/- has been recovered. The balance amount of Rs 8,00,000/-, however, was not recovered. Applicant has now secured the said amount by investing it in the Fixed Deposit of State Bank of India, Hingne (Khurd) Branch in the name of his brother Mr. Subhash Ramchandra Rathod who is a brother of the applicant. 4. Applicant shall file an undertaking of the said Mr. Subhash Ramchandra Rathod that he shall not dispose of the said amount during the pendency of the trial. Undertaking to be filed within one week before the Trial Court. 5. Since the entire amount is secured and as the charge- sheet is also filed, in my view, continued detention of the applicant is no longer necessary. 6. Applicant be released on bail on execution of P.R. Bond of Rs 10,000/- with one or two sureties in the like amount. He shall report to the concerned Police Station once in a month. 7. Application is disposed of. (V.M. KANADE, J.) 3