VIJAYSINHA SHIVAJIRAO DESHMUKH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) RULE . The learned A.P.P. Mr. Mirza waives service of rule. By consent rule is fixed forthwith. Heard Shri Thorat for the applicant and Shri Mirza, A.P.P. for the State.

(2.) DURING the hearing Shri Thorat appearing on behalf of the applicant has produced the complaint filed by Shri Ingale which was registered vide C.R. No.133/99. On going through the complaint it transpired that the complainant has paid the amount of Rs.3000/- in favour of Swami Samarth Marketing Co. and the complainant has received the gas card bearing No.1486. Even the complainant has paid a sum of Rs.178/- for refilling the cylinder and when the empty cylinder was sent for refilling on 5-4-1999 there was no proper response and the complainant was asked to come after sometime. Even thereafter the complainant had gone for refilling of the cylinder. When he approached on 10-4-1999 he found that the office was closed and the complainant has not received the re-filled gas cylinder till date. The application for anticipatory bail was moved at the instance of the applicant and the learned Additional Sessions Judge, Solapur by a common order has rejected the application for anticipatory bail of the present applicant.

(3.) ON considering the submissions and on going through the order of the learned Additional Sessions Judge and on reading the complaint produced before me, prima facie this court is inclined to release the applicant accused on bail by imposing certain conditions. Accordingly the application is allowed. In the event of the arrest of the accused, the applicant accused is ordered to be released on bail for a sum of Rs.20,000/- with one or two sureties of like amount on condition that the applicant shall report to the Investigating Officer viz. the State C.I.D., Solapur unit at Solapur on 29-7-1999 between 11 a.m. to 4 p.m. The applicant is also directed to appear before him as and when required. Rule is made absolute in the above terms.