The High Court dismissed an application for anticipatory bail. The court held that statements indicated the applicant was involved in cheating. It found no prima facie evidence of false implication and ruled the applicant did not deserve assistance.
Anticipatory bail application dismissed.
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.
A-264-13
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO. 264 OF 2013
Anil Bhaurao Patil .. Applicant Vs. The State of Maharashtra .. Respondent
Mr. Ajay Patil for Applicant. Mr. S. A. Shaikh – APP for State.
CORAM : A. H. JOSHI, J.
DATED : 17TH APRIL, 2013.
2] Applicant is named as accused in Crime No. 18 of 2013 registered with Thane Nagar Police Station. The offences alleged are under sections 420, 465, 468, r/w. Section 34 of Indian Penal Code.
The applicant has introduced to the complaint other accused persons who together in turn had represented the complainant that they can secure for the complainant loan of Rupees Ten Crores. In different instalments accused persons have received from the complainant by way of bank transfer total Rs.35,03,425/-.
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following points in support of prayer for anticipatory bail:-
6] It is seen from statements of various witnesses recorded by the I.O. that various witnesses have named applicant / accused and described the manner in which he has represented to the complainant as to how the loan amount would be got sanctioned and in the manner a fake loan sanction letter was produced to the complainant. It is reasonably demonstrated that applicant had joined other accused in making representations to the complainant with
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intention to cheat him.
7] In the premises as they are disclosed, at this stage, it would not be possible for this court even to arrive at prima facie view that applicant / accused is falsely implicated and that he is innocent.
8] The question as to whether the contentions raised in support of application do constitute adequate ground is to be seen, at this stage. The police papers do adequately describe involvement of the accused. It would not be possible at this stage to test the truthfulness thereof for which the stage that has to come up is of trial.
9] In this situation, the applicant does not deserve any assistance from this court.
(A. H. JOSHI, J.)
Chandka
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2 issues framed by the court
Whether the applicant deserves anticipatory bail in a cheating case.
Whether the allegations against the applicant raise a prima facie case of falsely implicating him.
1 provisions across 1 enactments
Anil Bhaurao Patil
The State of Maharashtra
A. H. JOSHI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
