In this criminal application seeking bail in a cheating and forgery case involving forged negotiable instruments, the High Court of Bombay at Criminal Appellate Jurisdiction found prima facie material connecting the applicant to the offence.
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.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION. CRIMINAL APPLICATION No.1719 of 2007
Amit Agrawal
..Applicant.
Vs.
The State of Maharashtra
..Respondent.
Mr A.M. Saraogi, Advocate for the applicant.
Mr Rajesh More, APP for the State.
CORAM: V. C. DAGA,J. DATED: 29. 08. 2007.
P.C.:-
and the learned APP for the State.
available on record.
121 of 2005 registered with E.O.W. J.B.C.B.
C.I.D. Crime Branch for the offence under
Sections 420,465,467,468,471 of the I.P.C.
| 4. | After ha | ving perused the s | tatements of | |||
|---|---|---|---|---|---|---|
| the | witnesses | placed | on record, |
it | is | not |
| possible | to | say that |
there is |
abso | lutely | no |
| material | on | record | to | conn | ect | the |
accused-applicant with the offence alleged.
Prima facie material, thus, exists.
| is | also necessary |
for the Inv |
estigating |
|---|---|---|---|
| Officer | to investigate as |
to from which |
source |
| the | forged negotiable |
instruments have |
come. |
| Custodial | investigation | may help |
to |
| investigate | offence. In |
this view of |
the |
matter, in my view, custodial interrogation is necessary.
not be construed as any finding or any
expression of opinion on the merits of the
case at the time of trial.
(V.C. DAGA,J.)
2 issues framed by the court
Whether the accused-applicant can be granted bail pending investigation in a cheating and forgery case.
Whether the investigating officer should conduct custodial interrogation in the present case.
Amit Agrawal
The State of Maharashtra
V. C. DAGA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
