Bombay High Court
BA/1909/2011 of RAMESH MADHURADAS JOSHI Vs THE STATE OF MAHARASHTRA on 29 December 2011
HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 1909 0F 2011 Ramesh Madhurads Joshi ...Applicant. Vs. The State of Maharashtra ..Respondent. ----- Mr. Samir A . Vaidya, for the Applicant. Mr. P.S. Hingorani, A.P.P. for State. ---- CORAM: M.L.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAYCRIMINAL APPELLATE JURISDICTION
CRIMINAL BAIL APPLICATION NO. 1909 0F 2011
Ramesh Madhurads Joshi
...Applicant.
Vs.
The State of Maharashtra
..Respondent.
-----
Mr. Samir A. Vaidya, for the Applicant.Mr. P.S. Hingorani, A.P.P. for State.
----
CORAM: M.L. TAHALIYANI, J.
DATE : DECEMBER 29, 2011.
P.C.:
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1. Heard Mr. Vaidya, learned counsel for the applicant and Mr. Hingorani, learned A.P.P. for the State. The case diary is produced. The Investigating Officer is not present in the Court. The Officer who is present before the Court is not aware of the facts of the case. He is, therefore, unable to give instructions to learned A.P.P.
I have gone through the case diary. It appears that the applicant is in custody since more than 65 days. Part of the amount has been recovered.
3. The applicant is accused of offences punishable u/ss 409 and 420 of the Indian Penal Code. He was employee of the complainant. The Chief Accountant of the complainant was absent during the period of alleged offence. It is submitted that some blank cheques signed by the complainant were given to the applicant for being handed over to the creditors after filling in the cheques. It is alleged that the applicant filled in those cheques and encashed the same by depositing the cheques in third party accounts. As already stated, about Rs.2,10,000/- has been recovered. It is submitted by the learned A.P.P. that the investigation reveals that major portion of the amount has been given by the applicant to the friends on loan. The Investigating Officer has identified those persons. As such the stolen property can be recovered from those persons.
4. The applicant’s custody is not necessary for further investigation of the case. There are no cases pending against the applicant in other courts. The applicant is the first time offender. He is aged about thirty two years.
5. In the circumstances, in my view, a case for grant of bail is made out.
(i) Applicant be released on bail in the sum of Rs.10,000/- with one solvent surety or cash deposit of Rs.12,000/- in lieu of surety.
(ii) The applicant shall not leave territorial jurisdiction of Mumbai Municipal Corporation and Thane Municipal Corporation without permission of the Trial Court for a period of six months from today.
(iii) The applicant shall cooperate with the Investigating Officer and shall attend the office of the Investigating Officer on alternate Sunday at 10.30 a.m. and shall maintain the diary of his attendance.
6. Criminal Bail Application No.1909 of 2011 is accordingly disposed of.
(M.L. TAHALIYANI, J.)
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