Allowed

Babasaheb Dada Daund and Another v. the State of Maharashtra and Another

Bombay HC8 Feb 2013APPLN/554/2013

Case brief

AI extract

What is this about?

In bail application under Sections 406 and 420 IPC, the High Court held that allegations stem from a civil transaction breach lacking criminal intent. The regular methods of civil remedies were available. The prayer for bail was allowed.

What did the court decide?

Application to inform Investigating Officer for bail granted; applicants to furnish bond and abide by conditions including daily reporting and non-inducement.

Babasaheb Dada Daund and Another Vs the… — Contract and Commercial Disputes | Bombay HC (2013)

¶1

Cri.Appln554.13

¶2

-1-

¶3

IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

¶4

CRIMINAL APPLICATION NO. 554 OF 2013

¶5

1.Babasaheb S/o Dada Daund
Age : 55 years, Occ : Agriculture,
2.Vijay S/o Babasaheb Nisarge
Age : 26 years, Occ : Agriculture,
Both R/o Parundi, Tq. Paithan,
Dist. Aurangabad.
...APPLICANTS
Versus
1.The State of Maharashtra
Through Police Inspector,
Police Station Gangakhed,
Tq. & Dist. Parbhani.
2.The Superintendent of Police
Parbhani, Dist. Parbhani.
...RESPONDENTS
.....
Mr. A.N. Nagargoje & Mr. B.R. Jaybhay, advocates
for Applicants.
Mr. B.J. Sonawane, A.P.P. for respondents.
.....

¶6

CORAM : P.D. KODE, J.
 DATE : 8TH FEBRUARY, 2013

¶7

ORAL ORDER :

¶8

1.The learned A.P.P. opted to argue the
matter on the basis of the case paper.
2.Perused the First Information Report and
the case dairy shown. Perusal of the First
Information Report prima facie reveals that the
allegations of commission of offence under Sections

¶9

Cri.Appln554.13

¶10

-2-

¶11

406 and 420 of the Indian Penal Code are based
primarily on the breach committed by the applicants
of an agreement entered into between themselves and
sugar factory. The yearly transaction for the
nature of work stated in the First Information
Report and advance of a money for the same is in
progress since 2008. The matters from the First
Information Report prima facie gives an impression
that there was a civil transaction between the
parties and the same prima facie fails to disclose
mensreaon the part of the applicants for
commission of offence alleged. The other remedies
are available to the sugar factory for the breaches
alleged. Further more the same fails to make out
case for custodial interrogation, the prayer
deserves consideration.

¶12

3.Inform Investigating Officer of Crime
No. 27/2012 registered with Gangakhed Police
Station, Tq. Gangakhed, Dist. Parbhani for offence
under Sections 406, 420 r/w Section 34 of the
Indian Penal Code that in the event of arrest of
the applicants in connection with the said crime,
they shall be released on bail on each of them
furnishing a P.R. Bond in a sum of Rs.3,00,000/-
(Rs. Three Lakh Only) with one or more sureties in
like amount and subject to the conditions that
applicants :-

¶13

(i)shall attend the Investigating Officer every
day in between 11.00 a.m. to 1 p.m. for a period of

¶14

-3-

¶15

seven days, thereafter every alternate day for next
period of seven days and thereafter they shall also
attend Investigating Officer if summoned by him/her
in connection with the investigation.

¶16

(ii)shall inform their addresses to the
Investigating Officer and change if any in the same
without fail.

¶17

(iii)shall not directly or indirectly, not making
any inducement, giving threat or promise to any
person acquainted with the facts of the accusation
levelled against them so as to dissuade him/her
from disclosing such facts to the Investigating
Officer.

¶18

(iv)shall not misuse the liberty granted by this
order for committing any offence.

¶19

4. Application stands disposed of.

¶20

sga/

Babasaheb Dada Daund and Another v. the State of Maharashtra and Another

Case brief

What is this about?

What did the court decide?

Babasaheb Dada Daund and Another v. the State of Maharashtra and Another

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Bhaskar Sudhakar Daingade Vs the State of Mah

Vitthal Mahadu Jadhav and Ors. Vs the State of Mah

Sangita Ganesh Chavan Vs the State of Mah

Rajendra Asaram Mhetre Vs the State of Mah

Madhukar Dangal Patil and Ors. Vs the State of Mah

Nana Shivaji Ghule Vs the State of Mah and Anr.