The High Court granted bail to an applicant convicted of cheating (Section 412 IPC) on evidence solely based on recovery of articles, in the sum of Rs.5,000.
Bail granted in the sum of Rs.5,000/- with one or two sureties in like amount, reporting once in a month to Baramati Taluka Police Station.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO.4805 OF 2004
IN
CRIMINAL APPEAL NO.1330 OF 2004
Gulik Dattu @ Gatya Pawar. .. Applicant.
v/s.
The State of Maharashtra (at the
instance of Baramati Taluka Police
Station, Baramati,Dist.Pune.) .. Respondent.
Shri K.B.Sonwalkar, advocate for applicant.
Shri A.M.Shringarpure, APP for State.
CORAM: V.M.KANADE, J.
DATE : 25TH NOVEMBER, 2004,
P.C. :-
. Heard counsel appearing for the applicant and
A.P.P. for the State. Applicant is convicted under
Section 412 of the Indian Penal Code and sentenced to
suffer Rigorous Imprisonment for five years. The
applicant has already undergone two years of sentence.
The only evidence against the applicant is in the form
of recovery of certain articles. Since the appeal is
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not likely to come for hearing in the near future and
the fact that the only evidence against the applicant
is in the form of recovery of certain articles under
section 27 of the Evidence Act, the applicant be
released on bail in the sum of Rs.5,000/- with one or
two sureties in like amount. He shall report to
Baramati Taluka Police Station once in a month.
sd/-
1 issue framed by the court
Whether the applicant convicted under Section 412 IPC with evidence only by recovery under Section 27 Evidence Act is entitled to bail.
2 provisions across 2 enactments
Gulik Dattu @ Gatya Pawar
The State of Maharashtra
V.M.Kanade
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court