High Court granted anticipatory bail to applicant in cheating case. Court held no offence made out as applicant entered into rent agreement and was not privy to defrauding others.
Directed release on bail with PR bond of Rs. 25,000 and one or two sureties if arrested.
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.
06-aba-967-19.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
ANTICIPATORY BAIL APPLICATION NO. 967 OF 2019
Virpakshappa Virappa Kalburgi
.... Applicant
Versus The State of Maharashtra .... Respondent -----
CORAM : SARANG V. KOTWAL, J. DATE : 29th AUGUST, 2019
P.C. :
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V.B.Gokhale
06-aba-967-19.odt
applicant was said to be the owner of the shop. It is the case of the first informant that the applicant had told the informant to wait for some days and assured him further to get back his furniture. It is the case of the informant that the applicant helped the Proprietor of Ayya Traders to abscond and, therefore, this complaint is lodged.
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not made any representation, neither has accepted money from the first informant or from the other victims. The applicant himself had entered into rent agreement with main accused. He was also assured by proprietor of Ayya Traders that he would come back and fulfill his obligation, therefore, applicant's situation is not different from other victims and he was also waiting for the proprietor of Ayya Traders to come back. In view of this matter, no offence is made out, at this stage. Hence, he is protected by anticipatory bail.
ORDER
(i) In the event of his arrest in connection with C.R. No.115/19 registered with Akkalkot North Police Station, the applicant is directed to be released on bail on his furnishing PR bond in the sum of Rs.25,000/- (Rupees Twenty Five Thousand Only) with one or two sureties in the like amount.
(SARANG V. KOTWAL, J.)
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V.B.Gokhale
1 issue framed by the court
Whether the circumstances disclosed in the FIR disclose an offence under section 420 IPC against the applicant.
1 provisions across 1 enactments
Virpakshappa Virappa Kalburgi
State of Maharashtra
Sarang V. Kotwal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
