CRIMINAL REVISION NO. 232/2019

3rd January 2020

Petitioner Counsel: Mr. M.N. Ali
Respondent Counsel: Mr. S.D. Sirpurkar
Act Name: Indian Penal Code, 1860

Section :
Section 467 Indian Penal Code, 1860 Section 468 Indian Penal Code, 1860 Section 408 Indian Penal Code, 1860 Section 471 Indian Penal Code, 1860 Section 420 Indian Penal Code, 1860 Section 34 Indian Penal Code, 1860

Cases Cited :
Para 5: MD Dhanapal vs. State, 2019 (6) SCC 743

JUDGEMENT

1. Admit. Heard finally with the consent of learned counsel appearing on behalf of respective parties.

2. By this Revision, the applicant has challenged the order dated 09.09.19 passed by learned Additional Sessions Judge- 2, Yavatmal, whereby his application for bail has been granted. However, while granting bail, the learned Judge has directed the applicant to deposit an amount of Rs.20 lakhs with the complainant- Company and to execute PR bond and surety bond of Rs. 25,000/- with one solvent surety in the like amount.

3. Mr. Ali, learned Advocate for the applicant vehemently argued that the applicant had already deposited an amount of Rs. 5 lakhs with the investigating agency, so also, the other accused have also deposited the amount of Rs. 10 lakhs and Rs. 5 lakhs respectively and are already released on bail. Mr. Ali, submitted that the applicant was an employee of the complainant- company and he too has also deposited the amount of Rs.5 lakhs with the investigating agency. However, now he is not in a financial condition to deposit the amount of Rs. 20 lakhs. He further submitted that the applicant is languishing in jail since last six months as he is in a precarious condition to deposit the amount with the investigating agency. It is submitted that the charge-sheet has been filed and the learned Judge of the Court below has indirectly refused bail to the applicant by putting such stringent conditions.

4. Mr S.D.Sirpurkar, learned APP opposed the Application. He however submitted that the applicant be directed to execute PR and surety bond of the amount of Rs. 10 lakhs with one surety and he be put to stringent conditions, while releasing on bail.

5. It is observed that the the allegations against the applicant and other accused are that they have misappropriated the amount of Rs 1,16,33,130/-. In the case reported in 2019 (6) SCC 743( MD Dhanapal vs. State) in the similar circumstances, the Hon’ble Apex Court has observed that bail cannot be made conditional upon heavy deposits beyond the financial capacity of an applicant for bail. In my considered opinion, by imposing such stringent conditions, the learned Judge of the Court below has passed an onerous order.

6. Considering the allegations made against the applicant and also considering that the applicant is behind bars since last six months and presently he is not in a financial condition to deposit the amount of Rs.20 lakhs with the investigating agency and also considering the fact that he has already deposited the amount of Rs. 5 lakhs with the investigating agency, the order passed by the learned Addl. Sessions Judge, dated 09.09.19, needs to be modified. Hence the following order:-
ORDER
(1) The Revision is hereby allowed,
(2) The applicant/accused-Bhushan Vijay Bhusari, on depositing an amount of Rs. 8,00,000/- (Rupees eight lakhs) {Rs. 5 Lakhs already deposited with the investigating agency} with the complainant-Company be released on bail, on executing PB and SB of Rs.8,00,000/- (rupees eight lakhs), with one or two solvent sureties in the like amount, in connection with Cr. No. 521/2019 for offences punishable u/ss. 467, 468, 408, 471, 420 r/ws. 34 of IPC, registered at Awadhootwadi Police Station, Yavatmal, on the following conditions :-
(ii) The applicant/accused shall not directly or indirectly make any inducement, threat or promises to any person acquainted with the facts of accusation, so as to dissuade them from disclosing such facts to the court or to any police officer.
(iii) The applicant shall not tamper the prosecution witnesses and shall not commit the offence of similar nature.
iv) The applicant shall attend PS Awadhootwadi Yavatmal on 2nd and 4th Sunday of every month till filing of charge sheet.
Criminal Revision shall stand disposed of.