This judgment deals with the grant of bail in a cheating case under Section 420 IPC. The court observed that the facts suggested a civil transaction but granted bail as the applicant was in custody.
Released on personal bond of Rs. 30,000 with two sureties of Rs. 15,000 each.
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.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
1021 BAIL APPLICATION NO.1560 OF 2021
ARUN SITARAM SATRE
VERSUS
THE STATE OF MAHARASHTRA
Mr. M.M. Bhokarikar, Advocate for the applicant
Mr. N.T. Bhagat, APP for the respondent
CORAM :SMT. VIBHA KANKANWADI, J.
DATE:22th DECEMBER, 2021
ORDER:
1 Present application has been filed under Section 439 of the Codeof Criminal Procedure, 1973 by the applicant, who has been arrested in
connection with Crime No.75/2021 dated 10.03.2021, for the offence
punishable under Section 420 of the Indian Penal Code, 1860.
2Heard learned Advocate Mr. M.M. Bhokarikar for the applicant
and learned APP Mr. N.T. Bhagat for the respondent. In order to cut short, it
can be said that they have argued in support of their respective contentions.
3Perusal of the First Information Report would show that
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BA_1560_2021
informant Suresh Punamchand Mali @ Karwande had sold his agricultural
produce to the present applicant, who is stated to be the partner of accused
Dipak Janardan Bhamre, on several occasions from 23.12.2020. The cotton,
that was sold, was to the tune of Rs.2,09,406/-. Informant then says that
thereafter on 10.01.2020 Dipak Bhamre had given him cash of Rs.10,000/-.
A receipt was given under the handwriting of the present applicant. Amount
of Rs.1,99,406/- was remaining, which was promised to be paid by the
accused persons within a period of 20 days. After 20 days when informant
started demanding his amount, the accused persons were avoiding on one or
the other pretext and, therefore, the First Information Report has been
lodged.
4It is to be noted from the contents of the First Information Report
that the transaction appears to be more civil in nature, whether it attracts the
basic ingredients of Section 415 of the Indian Penal Code or not will have to
be considered, but taking into consideration the fact that the applicant is in
jail since 13.03.2021, he needs to be released on bail. Hence, following
order.
ORDER
1Application stands allowed.
3 BA_1560_2021
2Applicant viz. Arun Sitaram Satre, who has been arrested in
connection with Crime No.75/2021 dated 10.03.2021, for the offence
punishable under Section 420 of the Indian Penal Code, 1860, be released on
P.R. of Rs.30,000/- (Rupees Thirty Thousand only) with two solvent sureties
of Rs.15,000/- (Rupees Fifteen Thousand only) each.
3The applicant shall not tamper with the evidence of the
prosecution, in any manner.
4 He shall not indulge in any criminal activity.5 Bail before Trial Court.( Smt. Vibha Kankanwadi, J. )
agd
2 issues framed by the court
Whether bail should be granted to the applicant arrested under Section 420 IPC.
Whether the crime appears to be purely civil or attracts criminal liability.
2 provisions across 2 enactments
Arun Sitaram Satre
The State of Maharashtra
Vibha Kankanwadi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court