Single judge bail application under CrPC 439. Applicant, branch manager, arrested in cheating/forgery case. Court granted bail based on company affidavit clearing him, releasing on bond.
Applicant released on bail on personal bond of Rs.10,000/- with one or more sureties in like amount, to attend Roha police station every Saturday.
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. 3182 OF 2009
Tushar Vasant Chavan ..... ..... ...Applicant V/s The State of Maharashtra ..... ..... ...Respondent.
Mr.P.K.Shrivastav with Mr.Rahul Thorwade, Adv. for the applicant. Mrs.P.P.Shinde, APP for the Respondent.
PC:
This is an application filed by the applicant under section 439 of Criminal Procedure Code seeking bail in crime bearing CR No.103/09 registered with Roha police station under sections 420, 467, 468 read with section 34 of IPC.
The present applicant was working as branch manager of M/s.Shriram Transport Finance Company Limited. While working as such at Roha branch of the finance company a borrower approached him and represented the applicant that his name is Gufran Alam Jaffernaeem Sayyed. He was introduced to the branch manager by one Pramod Balku Patil resident of Angaon, Taluka Bhiwandi. Pramod Patil who introduced the borrower has witnessed all the documents. The borrower had executed all the documents in the name of the complainant. However the photograph was that of Irfan Khan Zamir Khan who happens to be brother-in-law of the brother of the complainant. On the said representation on execution of loan documents the
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finance company advanced a sum of Rs.5,50,000/- as and by way of loan for purchase of a second hand tempo. As the borrower defaulted in repayment of the amount the advocate of the company issued notice calling upon the complainant to repay the amount. The complainant approached the finance company so also the concerned advocate and informed them that at no point of time he had borrowed any loan from the company and as such there was no question of repayment of loan amount. The advocate of the finance company supplied xerox copies of the documents to the complainant and from the said documents the complainant suspected that Irfan Khan Zamir Khan brother-inlaw of his brother has cheated the complainant so also the finance company by preparing forged documents and by misrepresentation. 3. The present applicant came to be arrested on 2.7.09 and is in custody since then. The learned counsel for the applicant has submitted that the applicant has absolutely no concern with the said offence. It is then submitted that the branch manager cannot be expected to verify the identity of each and every borrower more so when he is introduced by a person known to the company which in the present case happens to be earlier borrower by name Pramod Patil. It is submitted that the carrier of the applicant is absolutely unblemished and he has no criminal antecedents. It is also submitted that the company wherein he has been working still carries on the same opinion about the applicant and an affidavit duly sworn by the assistant general manager of the company dated 28.7.09 is placed on record. It is stated in the affidavit that the officer has examined the documents in connection with concerned loan proposal. It is then stated that the present applicant had adhered to norms and procedure prescribed by the company in sanctioning the loan to the borrower. The company has certified that there is nothing incriminating against the present applicant. In view of the affidavit filed by the company reposing its faith in the applicant it is submitted that the applicant is entitled
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to be released on bail. Perused the documents on record. I am of the clear view that the applicant is entitled to be released on bail more so as he has been in custody since 2.7.09. In the result I pass the following order:
The applicant shall be released on bail on executing personal bond in the sum of Rs.10,000/- with one or more sureties in the like amount. The applicant shall attend the Roha police station on every Saturday between 5.00 to 7.00 p.m. till filing of the charge sheet or for a period of one month which ever is earlier. Applicant shall thereafter attend the concerned police station as and when so required by the investigating officer. Applicant shall comply with the conditions prescribed in section 437 (3) of the Criminal Procedure Code. Application stands disposed of. Parties to act on authenticated copy of this order.
30.7.2009.
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2 issues framed by the court
Whether the applicant is entitled to be released on bail.
Whether the affidavit filed by the company reposing faith in the applicant warrants release on bail to avoid custody.
2 provisions across 2 enactments
Tushar Vasant Chavan
The State of Maharashtra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
