Anticipatory bail application allowed under IPC and IT Act. Grant confirmed with condition to police station every 1st and 15th of the month between 2 p.m. and 5 p.m.
Application for anticipatory bail allowed. Direction to appear at police station on 1st and 15th of every month between 2 p.m. and 5 p.m.
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.
10.ABA873_2014.doc
Vidya Amin
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
ANTICIPATORY BAIL APPLICATION NO. 873 OF 2014
Shravansingh Rajendrasingh Sodha … Applicant vs.
The State of Maharashtra … Respondent
Mr. S.V. Marwadi i/b. Mr. M.D, Mali & Co., Advocate for the applicant. Mrs. A.A. Mane, APP for the State. I.O. Mr. J.J. Dharme, P.S.I. Ichalkaranji Police Station, Kolhappur present.
CORAM : MRS. MRIDULA BHATKAR, J. DATE : 11th August, 2014.
P.C.
This Application is moved for prearrest bail, as the
applicant/accused is facing charges under sections 420, 417, 419, 465, 467, 468, 471 of the Indian Penal Code and under sections 65, 66(C) & (D) of the Information and Technology Act.
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10.ABA873_2014.doc
Rs.30,00,000/ dated 19th November, 2013, Rs. 35,00,000/ dated 20th November, 2013, Rs. 35,30,000/ dated 21st November, 2013 and Rs. 25,00,000/ dated 22nd November, 2013 were emailed to different accounts and through RTGS, the amount was withdrawn. The police could found out who are operating the said account and who are the recipients of this money out of fraud. They found that by misusing email ID of the company, those emails were sent and the amounts were misappropriated. It is the case of the prosecution that the present applicant/accused is a cousin of accused no. 5 who was already arrested. On his personal search, they found ATM cards of the applicant/accused and found that an amount of Rs.5 lakhs was deposited from Udaipur on 21st November, 2013 to the bank account of this applicant/accused i.e. accused no. 4. It is the case of the prosecution that the accused no. 4 by using laptop has hacked the account of the bank. Hence, applicant/accused no. 4 is prosecuted.
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10.ABA873_2014.doc
that there is no case against him. He further submitted that the applicant/accused has been attending the police station for last one month and he is cooperating the police. He submitted that his laptop is also seized by the police .
(MRS.MRIDULA BHATKAR, J.)
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2 issues framed by the court
Whether anticipatory bail should be granted to the applicant facing charges of cheating and cyber crime.
Whether the applicant required additional ground conditions for the grant of bail.
2 provisions across 2 enactments
Shravansingh Rajendrasingh Sodha
The State of Maharashtra
Mridula Bhatkar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
