The High Court in criminal application no. 2789/2009 considered a bail plea by Vishal Havale, an accused charged with offences under IPC Sections 408, 420, 467, 468, and 471.
The applicant was released on bail upon execution of a personal bond of Rs. 25,000 with one or two sureties in the like amount.
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.2789/2009
Vishal Achutrao Havale.
..Applicant
-VERSUS-
The State of Maharashtra.
..Respondent
Mr.Shirish Gupte, Senior Advocate i/b Mr.Abhay Ostwal, for the Applicant.
Mr.J.P.Yagnik, A.P.P., for the Respondent/State.
CORAM: A.P.DESHPANDE, J.
Dated 12th August, 2009.
PC:-
1 This is an application moved under Section 439 of the Code of Criminal Procedure by the present Applicant who is original accused No.1 by name Vishal Havale. 2 The Applicant came to be arrested on 24.02.2009 in Crime No.65/2009 for the offences punishable under Sections 408, 420, 467, 468 and 471 of the Indian Penal Code registered at Band Garden Police Station, Pune. Initially, the Applicant was granted PCR and thereafter, he is in judicial custody for last about six months.
3 According to the complaint, the Applicant was working as Computer Operator in M/s Singh Cycle & Motor Company, Pune
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in between 2006 to September, 2008. By committing forgery the Applicant has cheated the Company to the tune of Rs.80 Lac by preparing the false receipts. Some of the amount has been recovered from the Applicant. The investigation is over and the charge sheet has been filed.
4 According to the learned counsel for the Applicant, the Applicant is entitled to be released on bail and there is no chance of the Applicant’s absconding. With a view to substantiate the submissions made by the learned counsel for the Applicant that the Applicant has roots in the society and that the father of Applicant has landed property in Beed and Pune, an affidavit is filed on record which goes to indicate that the Applicant is born and brought up in Pune and is staying in joint family and the Applicant is recently married and his wife as well stays in joint family. 5 It is stated that at no point of time the Applicant was ever before prosecuted for any offence. The said statement is not denied by the learned APP. It is also not in dispute that there are no criminal antecedents against the present Applicant. The offences are triable by the Magistrate. 6 Having regard to totality of the facts and circumstances, it is a fit case for grant of bail to the Applicant, however, subject to certain conditions as one of the accused i.e. original accused No.3 is still absconding. In the result, I pass the following order:-
(i) The Applicant shall be released on bail on execution of a personal bond in a sum of Rs.25,000/- with one or two sureties in the like amount.
(ii) The Applicant shall attend the Band Garden Police
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Station, Pune twice a week i.e. on Wednesday and Saturday in between 12:00 to 2:00 pm and co-operate with the Police.
(iii) Application is allowed and disposed of accordingly.
(iv) Certified copy is expedited.
(A.P. Deshpande, J)
2 issues framed by the court
Whether the applicant is entitled to be released on bail given he is the original accused No. 1 in a cheating and forgery case where co-accused No. 3 is still absconding.
What conditions should be imposed on the grant of bail to the applicant.
1 provisions across 1 enactments
Vishal Achutrao Havale
The State of Maharashtra
A.P. Deshpande
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
