Allowed

Vijay Visvanathan S/O Ayyasamy Visvanathan v. State of Mha. Thr. Pso Ps Ramnagar Tq.Wardha Dist.Wardha

Bombay HC29 Nov 2022ABA/665/2022

Case brief

AI extract

What is this about?

This order grants pre-arrest bail to the appellant, a Chartered Accountant, in a criminal case involving financial offences. The High Court found that custodial interrogation was unnecessary due to the applicant's cooperation with the investigating officer and ordered his release on bail with a surety.

What did the court decide?

The criminal application is allowed; accused released on bail upon furnishing a P.R. Bond of Rs.15,000/- with one solvent surety in the like amount.

Vijay Visvanathan S/O Ayyasamy Visvanathan Vs State of Mha… — Bail and Remand | Bombay HC (2022)

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10.aba.665.2022.odt

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR

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CRIMINAL APPLICATION (ABA) NO.665 OF 2022

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Vijay Visvanathan S/o Ayyasamy Visvanathan . Vs. State of Maharashtra, through P.S.O., P.S. Ramnagar, Tq. Wardha, Dist. Wardha.

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Office Notes, Office Memoranda of Coram, appearances, Court's Orders or directions and Registrar's order

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Court's or Judge's Order

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Shri D.I. Jain, Advocate for the applicant.

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Shri N.R. Rode, A.P.P. for the non-applicant/State.

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CORAM : ANIL S. KILOR, J. DATED : 29/11/2022

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Heard.

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The applicant is seeking pre-arrest bail in Crime No.20 of 2017, registered with Police Station: Ramnagar, District: Wardha, for the offences punishable under Sections 406, 409, 420, 120-B read with Section 34 of the Indian Penal Code, Sections 3 and 4 of the Maharashtra Protection of Interest of Depositors (Financial Establishment) Act and Sections 3, 4, 5 and 6 of the Prize Chits and Money Circulation Scheme (Banning) Act, 1978 read with Sections 21, 22, 23, 24 and 25 of the Banning of Unregulated Deposit Schemes Act, 2019.

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It is alleged that, after promising handsome returns by the company namely Maitreya Plotters and Structures Pvt. Ltd., the informant invested the amount however, the company failed to keep his promise.

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C.L.Dhakate

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2 10.aba.665.2022.odt

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The applicant is the Chartered Accountant of the company. He was provided services to the said company for the financial year 2014-15. Thus, it is the case of the applicant that he is no way connected with the alleged offence.

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In the reply, the Investigating Officer (IO) has expressed his satisfaction about the co-operation extended by the applicant in investigation. In the circumstances, I am of the opinion that, custodial interrogation of the applicant is not necessary, particularly, on a statement of learned counsel for the applicant that the applicant will continue to co-operate the Investigating Officer in investigation. In that view of the mater, I pass the following order:

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a) The criminal application is allowed .

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b) It is directed that in the event of arrest of the applicant in Crime No.20 of 2017, registered with Police Station: Ramnagar, District: Wardha, for the offences punishable under Sections 406, 409, 420, 120-B read with Section 34 of the Indian Penal Code, Sections 3 and 4 of the Maharashtra Protection of Interest of Depositors (Financial Establishment) Act and Sections 3, 4, 5 and 6 of the Prize Chits and Money

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C.L.Dhakate

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3 10.aba.665.2022.odt

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Circulation Scheme (Banning) Act, 1978 read with Sections 21, 22, 23, 24 and 25 of the Banning of Unregulated Deposit Schemes Act, 2019, the applicant shall be released on bail on furnishing P.R. Bond of Rs.15,000/- with one solvent surety in the like amount.

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c) The applicant shall attend the concerned Police Station as and when his present is required.

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The criminal application is disposed of accordingly.

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JUDGE

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Signed By:CHETAN LOPCHAND DHAKATE Personal Assistant to the Hon'ble Judge Signing Date:01.12.2022 18:45

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C.L.Dhakate

Vijay Visvanathan S/O Ayyasamy Visvanathan v. State of Mha. Thr. Pso Ps Ramnagar Tq.Wardha Dist.Wardha

Case brief

What is this about?

What did the court decide?

Vijay Visvanathan S/O Ayyasamy Visvanathan v. State of Mha. Thr. Pso Ps Ramnagar Tq.Wardha Dist.Wardha

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

Case details

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