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2017 Supreme(SC) 1013

KURIAN JOSEPH, R.BANUMATHI
Santosh S/o Dwarkadas Fafat – Appellant
Versus
State of Maharashtra – Respondent


Advocates Appeared:
For the Appellants : Garvesh Kabra, Ms. Pooja Kabra, Ms. Nikita Kabra Jaju, Advs.
For the Respondents: Nishant Ramakantrao Katneshwarkar, Ms. Deepa Kulkarni, Advs.

JUDGMENT

Kurian, J.

Leave granted.

2. The appellant is one of the accused in Crime No. 63 of 2016 registered at Goregaon Police Station, Goregaon, Maharashtra for offences under Section 408 of the Indian Penal Code, 1860 read with Sections 3 and 7 of the Essential Commodities Act, 1955. The allegation is that he received misappropriated food-grains meant for public distribution. In the order dated 07.10.2016, the Additional Sessions Judge, Gondia rejected the application for anticipatory bail. The High Court of Judicature at Bombay, Nagpur Bench, as per order dated 24.10.2016 was also of the same view, although the same court had initially granted interim protection. Thus aggrieved, the appellant is before this Court.

3. On 07.11.2016, this Court passed the following Order:

"Learned counsel for the petitioner seeks an adjournment, so as to enable him to obtain instructions, whether or not the petitioner is ready and willing to deposit the total amount of Rs. 45,08,469/- for the misappropriated grains, referred to in the first information report.

At request, and in the interest of justice, post for hearing on 11.11.2016.

Instructions be obtained, in the meantime."

4. The amount was deposite













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