Applicant sought pre-arrest bail in a cheating case. Applying court found sufficient material to infer prima facie involvement and held earlier reasons for rejection still valid, rejecting the bail application.
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.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
ANTICIPATORY BAIL APPLICATION NO. 125 OF 2019
Parikshit Sunil Aurangabadkar .....Applicant
V/s.
The State of Maharashtra .....Respondent
Mr. Viresh V. Purwant advocate for the applicant Ms. S. S. Kaushik APP for the State Mr. Ashok Kakujpure, API, EOW, Nashik City
CORAM : NITIN W. SAMBRE, J.
DATE : JANUARY 16, 2019.
P.C.
In Crime No. I-224/22018 registered with Sarkarwada Police
Station, Nashik and E.O.W. Nashik for offence punishable under Sections 420, 409, 406 r/w 34 of the Indian Penal Code applicant is
seeking pre-arrest bail.
2 On earlier occasion, applicant's similar prayer was turned
down by this Court vide order dated 21/11/2018 and confirmed by
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the Apex Court in SLP vide order dated 04/12/2018.
3 Shri. Purwant, the learned counsel for the applicant while trying to make out a fresh case for grant of pre-arrest bail would invite the attention of this Court to the fact that charge-sheet in the matter is already filed. According to him, applicant is neither the director of the Firm in question nor the alleged amount of Rs. 11 Crores has come to the coffers of the Firm. He would as such submits that in the wake of above, custodial interrogation of the applicant is not warranted.
4 The learned APP opposed the claim and submits that there is sufficient material on record to infer the prima facie involvement of the applicant in crime in question. According to her, applicant is Chartered Accountant and Auditor of the company who has received the offered amount. He has pretended that he is one of the director of the company and instigated people and other companies to invest
in the company. The active involvement of the applicant can be inferred from documents which were published with intention of
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wide publicity. There is sufficient material in the investigation which pinpoint direct involvement of the applicant in crime in question.
5 In addition to above, the reasons recorded by this Court while rejecting the prayer on earlier count on 21/11/2018 still holds good and germain to the cause. That being so, no case for grant of prearrest bail is made out. Application fails, stands rejected.
[NITIN W. SAMBRE, J.]
2 issues framed by the court
Whether pre-arrest bail should be granted given the applicant's alleged active involvement as a Chartered Accountant and auditor in the crime.
Whether the grounds for rejection in a prior similar application by this Court still hold good.
Parikshit Sunil Aurangabadkar
The State of Maharashtra
NITIN W. SAMBRE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
