Application for bail in a cheating case. The court granted bail noting the investigation is complete and trial is not imminent, directing the applicant to report monthly.
Applicant released on bail in the sum of Rs. 5,000 with one or two sureties in the like amount, conditioned upon reporting to the concerned Police Station once in 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 JUTISDICTION
CRIMINAL APPLICATION NO. 4357 OF 2009
Shri Pradeep Sham Khatri
.... Applicant.
V/s
The State of Maharashtra ..... Respondent.
Mr. Vishal Ingale for the applicnat. Mrs. P.P. Shinde, APP for the State.
CORAM: V.M. KANADE, J. DATE : 7TH NOVEMBER, 2009
P.C.:
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complainant to part with an amount of Rs. 1,30,000/- by posing as recovery agent of ICICI Bank. Since the charge-sheet is filed and investigation is over and since the trial is not likely to begin in the immediate future, in my view, it is not necessary to keep the applicant behind bars indefinitely during pendency of trial. Police have already recovered car and motor-bike purchased by the applicant and the co-accused out of the money which was paid to them. Under these circumstances, applicant is entitled to be released on bail.
5. Application is disposed of.
1 issue framed by the court
Whether the applicant is entitled to be released on bail given that the investigation is over and trial is not likely to begin immediately.
1 provisions across 1 enactments
Shri Pradeep Sham Khatri
The State of Maharashtra
V.M. Kanade
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
