A second bail application filed by an accused charged with cheating and forgery was allowed. The Engineer held that since a co-accused was released on bail, recovery was substantial, and trial was delayed further detention was not necessary.
Released on bail in Rs. 5,000 with two sureties to be reported once a month.
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.3543 OF 2009
Andresh Petras Bhosale @
M.K. Deshpande
....Applicant
Vs.
The State of Maharashtra
....Respondent
Shri Kuldeep S. Patil for Applicant
Shri H.J. Dedhia - APP for State.
CORAM: V.M. KANADE J.
DATED: 1ST DECEMBER, 2009
P.C.
1.Heard the learned Counsel appearing on behalf of
the Applicant and the learned APP for the State.
2.This is a second application for bail filed by
the Applicant. It is submitted that the earlier
application was allowed to be withdrawn, however,
liberty was granted to apply after some time.
3.It is submitted that one of the co-accused has
been released on bail by this Court by order dated
15th October, 2009 and, therefore, on the ground of
parity, the Applicant also deserves to be released on
bail.
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4.The Applicant is in custody since 18.5.2008. It
is alleged that the Applicant had committed an offence
under sections 420, 406, 467, 468, 471, 420 r/w. 34 of
the Indian Penal Code. It is submitted that the
charge sheet has been filed and the investigation is
over. The trial is not likely to commence immediately
in near future. The Applicant and the other accused
posed as recovery agents of Bank of Maharashtra and
induced the complainant to pay a huge amount of Rs.
49,00,000/-. It is an admitted position that an amount
of Rs.26,92,000/- has already been recovered from the
other co-accused. Since the accused has been released
on bail and the role attributed to the present
Applicant is similar and further, he is in custody
since last 1 1/2 years, continued detention of the
Applicant, in my view, is not necessary.
5.The Applicant be released on bail in a sum of Rs.
5,000/- with one or two sureties in the like amount.
He shall report to the concerned police station once
in a month.
6.Application is disposed of.
(V.M. KANADE J.)
2 issues framed by the court
Whether the applicant deserves release on bail on grounds of parity with a co-accused and length of detention.
Whether continued detention of the applicant since 1.5 years is necessary given that most money has been recovered.
1 provisions across 1 enactments
Andresh Petras Bhosale
The State of Maharashtra
V.M. Kanade
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court