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HIGH COURT OF BOMBAY
SANTOSH PUNDLIK BARBUDE – Appellant
Versus
STATE OF MAHARASHTRA THROUGH POLICE STATION OFFICER, P.S. BALAPUR, AKOLA – Respondent
ABA 787/2016



0712aba787.16

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR

CRIMINAL APPLICATION (ABA) NO.787 OF 2016

(Santosh Pundlik Barbude vs. State of Maharashtra)

______________________________________________________________________________

Office Notes, Office Memoranda of

Coram, appearances, Court's orders Court's or Judge's orders

or directions and Registrar's orders.

Shri J.B. Gandhi, Advocate for applicant.

Shri S. Kadu, Additional Public Prosecutor for

respondent.

---------

CORAM : P.N. DESHMUKH, J.

DATED : DECEMBER 07, 2016

Issue notice to respondent.

Shri Kadu, learned Additional Public

Prosecutor waives notice for respondent and seeks time

to file reply.

Shri Gandhi, learned Counsel for applicant,

in the meantime, seeks interim protection by contending

that applicant is agriculturist and on 28/11/2014 had

deposited 30 bags of soyabean in complainant's godown

and against said agricultural produce, obtained loan

from Pat Sanstha to the extent of Rs.58,000/-. It is the

specific case of applicant that on depositing such

soyabean bags, he was issued original receipt No.971,

which was placed by him as a security to Pat Sanstha, on

the basis of which loan was sanctioned.

From the document filed in support of

application, which is a legal document, it appears that

after depositing soyabean bags as aforesaid, applicant by

issuing notice had informed the Authorities of Godown

0712aba787.16

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to dispose of agricultural produce. However, it is noted

that in reply, applicant was informed that he in

connivance with Vijay Pandurang Sable and Rajesh

Masne, both Godown Keepers, had removed said

soyabean bags deposited by him along with old

agricultural produce owned by other farmers. Complaint

is also lodged against Godown Keepers as well as Board

of Directors including applicant, on the basis of report of

Enquiry Officer. It is submitted by learned Counsel for

applicant that except applicant, all co-accused are

released on bail.

In that view of the matter, till respondent

files its reply, following order is passed :

In the event of arrest of applicant in Crime

No.282/2016 registered by Police Station, Balapur,

District Akola, he shall be released on bail on his

executing P.R. Bond in the sum of Rs.20,000/- with one

surety in like amount. Applicant shall attend

Investigating Officer, if called, till next date.

Stand over to 21/12/2016.

JUDGE

khj

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