High Court of Bombay allowed bail to the applicant in a cheating case involving payment to a vendor. The applicant was directed to deposit Rs. 5,00,000/- with the trial court within one month of release on bail.
Application allowed; applicant released on bail with condition to deposit Rs. 5,00,000/- with trial court within one month of release.
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.
BA-1303.2012
sjs
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
APPELLATE SIDE – CRIMINAL
APPLICATION NO.1303 OF 2012
{For Bail}
Ganesh Vasant Badal.... Applicant
Vs.
State of Maharashtra.... Respondent
Shri V.N. Mali for the Applicant.
Ms U.V. Kejariwal, APP, for the State.
CORAM: R.C. CHAVAN, J.
DATED: SEPTEMBER 27, 2012
P.C:
1.This is an application for bail by a
person who is alleged to have participated in
cheating the first informant into paying huge
sums to vendor Gopinath Waman Patil, the
applicant and others. The learned counsel for
the applicant states that the applicant is in
jail for the last nine months. Investigation is
complete and the charge-sheet has already been
filed. He submits that in fact his client has
not received any amount except commission for
the transaction. However, to show his bona
fides and without prejudice to his rights and
defences his client would deposit a sum of
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BA-1303.2012
5,00,000/- with the trial Court within one month of his release from prison.`
2. In view of the above, no useful purpose would be served in detaining the applicant in prison pending the trial. The application is, therefore, allowed. The applicant be released on bail in C.R. No.151 of 2011 of Khopoli Police Station, District Raigad on his furnishing P.R. Bond in the sum of 25,000/- with one or more solvent sureties in the sum aggregating to 25,000/- on the condition that the applicant shall file an undertaking at the time of his release to deposit a sum of 5,00,000/- with the trial Court within a period of one month of his release from prison. If the amount is so deposited, the learned trial Magistrate shall invest the same in interest earning fixed deposit in State Bank of India and shall deal with the same at the end of the trial as per the result of the trial. If the amount is not deposited within the stipulated time, the learned trial Magistrate would be entitled to have the applicant arrested and committed to prison.`
3.The application accordingly stands
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BA-1303.2012
disposed of.
(R.C. CHAVAN, J.)
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Ganesh Vasant Badal
State of Maharashtra
R.C. Chavan
As recorded by the court registry
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