LAWS(BOM)-2019-12-112

GOPAL BHAVRILAL BAHETI Vs. STATE OF MAHARASHTRA

Decided On December 26, 2019
Gopal Bhavrilal Baheti Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) Heard Shri A. M. Kukday, learned advocate for the applicant and Shri A. M. Chutke, learned APP for the respondent.

(2.) The anticipatory bail application of the applicant came to be rejected by the Additional Sessions Judge, Akola on 18. 12. 2019. He is shown as an accused person in the offence registered at Police Station-Pinjar, Tah. Barshi Takli, Dist. Akola in crime No. 193/2019. It was registered on 13. 11. 2019, for the offences punishable under Sections 409 , 468 , 471 and 420 of the Indian Penal Code. It was on the complaint of Internal Auditor of the bank. The accused being the cashier misappropriated an amount of Rs. 1,15,300/- from various accounts. It was in 1,15,300/- from various accounts. It was in the period of 30. 06. 2015 to 30. 09. 2019. The applicant being cashier has taken the benefit of certain accounts being in-operated, and in respect of some other accounts. The prosecution needs to be given an opportunity to file reply.

(3.) The police will have to verify the amount which was withdrawn by the accused as stated in the F. I. R, how the payment has been sanctioned, and which documents were prepared. There are different ways to find out these things. One way is, to introgate the accused. As on today. I am only inclined to grant ad-interim bail simply for the reason that he is willing to deposit Rs. 1,15,300/- from various accounts. It was in 1,15,300/- in this Court. It is true that the bank has to repay the amount to the account holde Rs. So recovery of money is one of the factor including finding out the modus-operandi. After hearing the prosecution, other aspects can be considered. Hence, the order.