In an anticipatory bail application regarding offences of cheating and criminal breach of trust, the court confirmed the interim order and allowed the application, directing release on bail upon arrest if any.
Anticipatory bail allowed; interim order confirmed; directive for bail upon arrest by furnishing bond of Rs. 50,000/ with sureties.
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.
30-aba-360-2020.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
ANTICIPATORY BAIL APPLICATION NO. 360 OF 2020
Ravindra Sukhdev Vairal … Applicant
Versus
The State of Maharashtra & Ors.… Respondents
Mr. Mahesh Vaswani a/w Ms. Dharini Nagda with Ms. Shreya
Tiwari, Advocate for the Applicant.
Mr. S. H. Yadav, APP for the Respondent – State.
Ms. Warungal, (P.S.I.) L. T. Marg Police Station, Present.
Mr. Umashankar Babulal Chaurasia, Complainant present in Court.
CORAM : PRAKASH D. NAIK, J.
DATE: 20h SEPTEMBER, 2021
PER COURT:
1.This is an application for anticipatory bail in C.R.
No.104 of 2020 registered with L.T. Marg Police Station, Mumbai
for offences 406 & 420 r/w Section 34 of Indian Penal Code (for
short “IPC”).
2.The applicant had submitted undertaking dated 19th
February, 2020. The applicant had paid Rs.1,00,000/- to the
complainant in cash. Vide order dated 28th February, 2020 it was
recorded that the complainant was present in the Court and he had
acknowledged the receipt of the money. The applicant thereafter,
Digitally signed by SAJAKALI SAJAKALI LIYAKAT LIYAKAT JAMADAR JAMADAR Date:2021.09.22 10:44:31 +0530
Sajakali Jamadar 1 of 3
30-aba-360-2020.doc
undertaken to pay Rs.1,00,000/- by Demand Draft on or before
9th March, 2020. The applicant was granted interim protection and
the application was adjourned to 17th March, 2020.
3.The applicant has filed additional affidavit to place on
record that he has paid Rs.1,00,000/- by pay order to the
complainant in persuant to order dated 20th February, 2020. The
complainant is present in the Court. He acknowledged receipt of
the further amount of Rs.1,00,000/-. Thus, complainant has
received an amount of Rs.2,00,000/-. The complainant has
contended that he was entitled for an amount of Rs.3,00,000/-
from the applicant. This fact is disputed by applicant.
4.Learned counsel for the applicant submitted that the
amount has been paid to the complainant to show bonafides. The
undertaking has been accepted by this Court and he has complied
the said undertaking.
5.Learned APP submitted that original documents are to
be recovered from the applicant. Learned counsel for the applicant
submitted that question of holding any original document does not
arise. The photo copy of the documents were already handed over
to the complainant.
2 of 3
Sajakali Jamadar
30-aba-360-2020.doc
6. Considering the factual aspects, interim order granted
earlier by this Court can be confirmed.
7.Hence, I pass the following order:
ORDER
(i) Anticipatory Bail Application No. 360 of 2020 is
allowed;
(ii) Interim order dated 28th February, 2020 is confirmed.
(iii) In the event of arrest of the applicant in connection
with C.R. No.104 of 2020 registered with L.T. Marg Police
Station, Mumbai, the applicant be released on bail on
furnishing P. R. Bond in the sum of Rs.50,000/- with one or
more sureties in the like amount;
(iv)The applicant shall attend the investigating officer as
and when called for till filing of charge-sheet.
(v)Anticipatory Bail Application stands disposed of
accordingly.
(PRAKASH D. NAIK, J.)
3 of 3
Sajakali Jamadar
1 issue framed by the court
Whether the anticipatory bail application should be allowed in view of the payment of compensation and interim order already granted.
1 provisions across 1 enactments
Ravindra Sukhdev Vairal
The State of Maharashtra
PRAKASH D. NAIK
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court