Single judge dismissed an application for pre-arrest bail in a cheating case. The court found that the First Information Report clearly implicated the applicants in receiving money and rejected the claim of false implication.
Application for pre-arrest bail disposed of negatively.
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.
907-aba-1597-2014
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
ANTICIPATORY BAIL APPLICATION NO.1597 OF 2014
Vaibhav Popat Narde
and Another ...Applicants
vs.
State of Maharashtra ...Respondent
Mr. Abhishek Yende, Advocate for the
Applicants.
Mrs. Geeta Mulekar, APP for the State.
CORAM : P.D. KODE, J.
DATE : DECEMBER 16, 2014
P.C.
.Heard.
2.Application for pre arrest bail in
connection with C.R. No. 277 of 2014 registered
with Karvir police station, Kolhapur for the
offences punishable under Sections 420 and 406 read
with 34 of Indian Penal Code.
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3.The perusal of the F.I.R. reveals that the
applicants in furtherance of their common intention
with coaccused Popat Kamble who is father of
applicant No.1 and uncle of applicant No.2 had
cheated the first informant on the pretext of
giving job to the son and niece of the first
informant and received an amount of Rs. 5,10,000/.
4.The learned counsel for the applicants
canvassed the prayer for pre arrest bail on the
ground of the allegations in the F.I.R. being
mainly directed against the act committed by co
accused Popat Kamble and the applicants being
unnecessarily implicated. It is submitted that
amounts are allegedly paid in a period of May, 2010
to October, 2011. It is thus contended that there
is inordinate delay of three years in lodging the
complaint, suggestive of concoction.
5.After perusing the matters from F.I.R. and
particularly fifth paragraph of F.I.R., it reveals
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that the applicant No.1 was party for receiving an
amount of Rs. 50,000/ on 30112010, applicant
No.2 was party in receiving further amount on 30
122010 and further part in the said paragraph
reveals that both of them had told the first
informant that the money has been paid to the
officer and the work would be effected soon.
6. Having regard to it, it is difficult to
accept the submission that the applicants are
falsely implicated and they have no role played in
the episode. Similarly, for the purpose for which
the amounts were sought and accepted, it is
difficult to accept that there is no material
against the applicants.
7.Having regard to it, it appears that the
custodial interrogation of the applicants would be
necessary for ascertaining whether similar types of
acts were committed by them qua the other person.
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Having regard to it, it is difficult to find any
merit in the prayer for pre arrest bail.
Application stands disposed of.
(P.D. KODE, J.)
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1 issue framed by the court
Whether the applicants are falsely implicated in a cheating offence where the FIR reveals their active role in receiving funds.
1 provisions across 1 enactments
Vaibhav Popat Narde and Another
State of Maharashtra
P.D. Kode
As recorded by the court registry
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