Partly allowed

Mayuresh Sitaram Kadam and Anr. v. the State of Maharashtra

Bombay HC26 Oct 2021ABA/957/2021

Case brief

AI extract

What is this about?

Two anticipatory bail applications were pending together. Bail for the first applicant (mediator) was rejected due to possession of funds and failure to deliver flats. Bail for the second applicant (wife) was granted as her role was limited to issuing cheques which were dishonoured.

What did the court decide?

Applicant No.2 directed to be released on bail upon executing PR Bond Rs. 15,000/- with sureties in the like amount and complying with court attendance conditions.

Mayuresh Sitaram Kadam and Anr. Vs the State of Maharashtra — Cheque Dishonour | Bombay HC (2021)

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ABA-957-2021.doc

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BDP-SPS-TAC

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BHARAT DASHARATH PANDIT

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Digitally signed byBHARAT DASHARATH PANDIT Date: 2021.10.28 10:51:18 +0530

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 957 OF 2021

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1] Mr. Mayuresh Sitaram Kadam
2] Mrs. Jayshree Mayuresh Kadam

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….Applicants.

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V/s

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The State of Maharashtra

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…..Respondent

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WITH

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INTERIM APPLICATION NO.1268 OF 2021

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IN

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ANTICIPATORY BAIL APPLICATION NO. 957 OF 2021

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MANJU VINOD AGARWAL….Applicant.
V/s

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THE STATE OF MAHARASHTRA….. Respondent.

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Mr. Suresh K. Mali for the Applicant.
Mrs J. S. Lohokare, APP for the Respondent/State.
Mr. S.G. Rajput for the Intervener in IA.
PSI P.S. Khamkar, Borivali Police Station, present.

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CORAM: NITIN W. SAMBRE, J.

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DATE: OCTOBER 26, 2021

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P.C.:-

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1]Applicants are seeking pre-arrest bail in C.R. No.1172 of 2020
registered with Borivali Police Station for the offence punishable under
Sections 420, 465, 467, 468, 471, 120B of the Indian Penal Code.

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2] Applicant No.1 - Mr. Mayuresh Sitaram Kadam, as a Mediator,

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ABA-957-2021.doc

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facilitated execution of two agreements for purchase of MHADA flats;
one in relation to Flat No.1103 and the other in relation to Flat
No.1603. It is the case of the prosecution that none of these properties
in spite of having received consideration, are delivered. Role
attributed to Applicant No.1 is that of a Mediator who has received the
part amount of consideration.

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3]Fact remains that part of the amount of aforesaid deal has gone
to the Account of Applicant No.1 which is admittedly not returned to
the complainant till this date. That being so, necessary ingredients of
Sections 420 465 and 467 are verymuch satisfied. Application as far
as Applicant No.1 - Mr. Mayuresh Sitaram Kadam is concerned, stands
rejected.

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4]As far as Applicant No.2 - Mrs. Jayshree Mayuresh Kadam is
concerned, the only role attributed to her is that of issuance of cheques
which were not honoured. Admittedly, complainant has initiated
proceedings under the provisions of Negotiable Instruments Act
against Applicant No.2 for dishonour of cheques. Apart from above,
no other role in the matter of receipt of the amount is attributed to
Applicant No.2.

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5]In that view of the matter, Applicant No.2 - Mrs. Jayshree
Mayuresh Kadam deserves to be released on bail in the event of her
arrest.

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ABA-957-2021.doc

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6]Applicant No.2 - Mrs. Jayshree Mayuresh Kadam in the event of
her arrest in C.R. No.1172 of 2020 registered with Borivali Police
Station for the offence punishable under Sections 420, 465, 467, 468,
471, 120B of the Indian Penal Code is directed to be released on bail
on executing P. R. Bond in the sum of Rs 15,000/- with one or more
sureties in the like amount. Applicant No.2 shall attend the
Investigating Officer from 15th November, 2021 to 19th November,
2021 between 10.00 A.M. and 12.00 Noon and thereafter as and when
directed by the Investigating Officer. Applicant No.2 shall neither
influence the witnesses in any manner nor tamper with the evidence.

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7]Application is accordingly disposed of. Consequently, Interim
Application is also disposed of.

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(NITIN W. SAMBRE, J. )

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Mayuresh Sitaram Kadam and Anr. v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

Mayuresh Sitaram Kadam and Anr. v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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