DATTATRAYA SHANKARRAO DANDGAL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) HEARD the learned counsel for the respective parties.

(2.) THIS is an application for anticipatory bail by builders, who apprehend arrest in connection with C.R.No.238 of 2011 for the offences punishable under Sections 406, 420 read with Section 34 of the Indian Penal Code registered with M.I.D.C. Police Station, Solapur and who are supposed to have accepted a sum of Rs.5,00,000/- towards a Row House when no such Row House existed and offered instead to provide a flat in the scheme. The learned counsel for the applicants states that the applicants are ready to deposit the entire amount received from the respondent with interest @ 10% p.a. from the date of receipt till the date of deposit in the Court of Judicial Magistrate F.C., Solapur within a period of two weeks. In view of this, though the learned APP and the learned counsel for the first informant have a very strong objection to the applicants' being admitted to anticipatory bail, no useful purpose would be served in subjecting the applicants to custodial interrogation. Application is allowed. In the event of their arrest, applicants be released on bail on their furnishing P.R.Bond of Rs.25,000/-each with one or more solvent sureties in the aggregate sum of Rs.25,000/- on the condition that the applicant shall deposit with the learned Judicial Magistrate F.C., Solapur a sum of Rs.5,00,000/- with interest @ 10 p.a. from 3rd February, 2011 till the amount is deposited by 27th January, 2012. The learned Magistrate shall either invest it any Nationalized Bank in an interest earning deposit or deal with himself at the end of trial or remand it to such Civil Court or Consumer Forum where parties may be raising dispute. Should Civil Court requisition the amount from him. The order shall stand revoked, if the amount is not deposited by 27th January, 2012 on the following conditions.