LAWS(BOM)-2013-1-43

VIMAL NARAYAN KABRE Vs. STATE OF MAHARASHTRA

Decided On January 21, 2013
Vimal Narayan Kabre Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. With the consent of learned counsel for the parties, the application is heard finally.

(2.) By the present application, the legal representatives of deceased Narayan Motilal Kabre seek the relaxation of the conditions imposed by this Court vide order dated 8 th February, 2011 passed in Criminal Application No. 491/2011.

(3.) Deceased Narayan, at the relevant period, was the Chairman of Dadasaheb N.M. Kabre Nagari Sahakari Bank Limited, Erandol, District Dhule. He alongwith the various directors and other persons was involved in Crime No. 90/2010 registered with Erandol Police Station for the offences punishable under section 406, 408, 409, 465, 467, 468, 471 and 477 of the I.P. Code read with section 34 of the I.P. Code. Present applicant No. 2 Vinay Kabre is also an accused in the same criminal case and was already released on bail by the trial court. The application of deceased Narayan Motilal Kabre for bail, however, was dismissed by the learned Additional Sessions Judge, Jalgaon. Therefore, he filed Criminal Application No. 491/2011 in this Court. The application came up for hearing before the learned Single Judge of this Court on 7 th February, 2011. The order dated 7 th February, 2011 would show the relevant finding of the learned Single Judge, as are found from paragraph No. 7 of the order are as under :