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.
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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