CNR
MHNS010038712022
Order below Exh.1 in Cri. Bail Application No.929/2022.
{ Shehjad Ejaj Hussain Shaikh Vs. State }
This is application under section 439 of the Criminal
Procedure Code for grant of bail pending trial.
2.

The present application is moved by the applicant­accused
Shehjad Ejaj Hussain Shaikh praying to release him on bail in
connection with the CR No.22/2007 registered with Harsul Police
Station under section 408, 468 of the Indian Penal Code.
3.

The
applicant­accused
is
facing
charges
of
misappropriation of the funds of Siddhivinayak Nagari Sahakari
Patsanstha Ltd., Nashik, Branch Harsul being a clerk during the period
of 2005­2006 amounting to Rs.8,24,844/­.

During the course of
investigation the applicant­accused was on bail. The police have filed
charge­sheet in the Court bearing RCC No.582/2008. However,
meanwhile the said financial institution has moved an arbitration suit
bearing No.230/2007 before the Co­operative Court, Nashik against
the
present
applicant­accused,
which
was
compromised
on
16.11.2016 and the necessary documents are placed on record.
However, as the present criminal case was pending before the trial
court and the applicant­accused was absent, therefore, coercive steps
have been taken by the learned trial court and ultimately standing
warrant against the applicant­accused is issued. Recently the
applicant­accused
sou­motto
appeared
before
the
trial
court.

Considering the fact that applicant­accused was absconding since long
and matter is more than 10 years old and considering the direction
given by the Hon’ble Bombay High Court to dispose of the 5­10 years
old matter on top priority, the learned trial court has taken the
applicant­accused in magistrate custody by rejecting the application of
..2..

cancellation of NBW by his order dated 22.7.2022 passed below
Exh.13.
4.

Perused the record. Heard both the parties.

5.

The learned counsel appearing for applicant­accused
Shri. Javed Shaikh has submitted at bar that applicant­accused will
remain present before trial court and will co­operate to proceed
with the trial and to dispose of the matter at the earliest. He has
filed on record the pursis to that effect that he will conduct the trial.
Police Officer deputed by the Harsul Police Station is present. He
has filed his report on record. The concern officer of the
Siddhivinayak Nagari Sahakari Patsanstha Ltd., Nashik, Branch
Harsul Shri. Dipak Rajaram Khare is present and he confirmed the
fact that the Co­operative dispute against the applicant­accused is
amicably settled as the applicant­accused has deposited the
necessary amount to the satisfaction of the concern financial
institution.
6.

Thus, considering all these facts and situation, I am of
the view that as the learned counsel Shri. Shaikh has given
undertaking before this Court and his words at bar that he will
ready to conduct the trial before trial court, applicant­accused is to
be released on bail with certain conditions.
ORDER
1.

Application is allowed.

2.

Applicant­accused
Shehjad
Ejaj
Hussain
Shaikh
in
connection with the CR No.22/2007 (RCC No.282/2008)
registered with Harsul Police Station under section 408,
468 of the Indian Penal Code, be released on bail on
executing bond of Rs.30,000/­ with one or two surety in
Cri. Bail Application No.929/2022.
..3..

like amount.
3.

He shall attend the trial Court on every date and shall co­
operate to proceed with the trial without fail.

4.

He shall furnish address proof Aadhar card of his two near
relatives alongwith mobile numbers.

5.

He shall also furnish his address proof Aadhar card with
mobile numbers.

6.

In the event of breach of any of the conditions, his bail
bonds shall be liable to be cancelled.

7.

Bail in lower Court.

Date: 28.07.2022
SHINDE
MADHAV
A
Digitally signed
by SHINDE
MADHAV A
Date:
2022.07.28
17:04:47 +0530
( M. A. Shinde )
Additional Sessions Judge­9,
Nashik.