Partly allowed

Vijay Uttam Daspute v. the State of Maharashtra

Bombay HC21 Nov 2022BA/1889/2022

Case brief

AI extract

What is this about?

This order disposes of five bail applications. It lists four for future hearings after audit reports or instructions. It grants bail to Vijay Uttam Daspute on furnishing a bond and sureties due to no recovery from him and completion of investigation.

What did the court decide?

Bail to Vijay Uttam Daspute on furnishing PB and SB of Rs.1,00,00/- with one or two solvent sureties.

Vijay Uttam Daspute Vs the State of Maharashtra — Cheating and Forgery | Bombay HC (2022)

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20-BA-1482-22.odt

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

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BAIL APPLICATION NO.1482 OF 2022 WITH APPLN/3146/2022 IN BA/1482/2022

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HARIKISAN DATTATRAYA GADE

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VERSUS

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THE STATE OF MAHARASHTRA

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Advocate for Applicant : Mr. R. V. Gore APP for Respondent/State : Mr. S. B. Narwade Advocate for Complainant/Applicant : Mr. S. J. Salunke (Application/3146/2022)

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WITH BA/1933/2022

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GAJANAN SHANTARAM CHEPATE

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VERSUS THE STATE OF MAHARASHTRA

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Advocate for Applicant : Mr. M. C. Ghode APP for Respondent/State : Mr. S. B. Narwade

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WITH BA/1073/2022 WITH APPLN/2472/2022 IN BA/1073/2022

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BANDU BHANDUDAS GUNGARE VERSUS THE STATE OF MAHARASHTRA

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Advocate for Applicant : Mr. D. S. Patil APP for Respondent/State : Mr. S. B. Narwade Advocate for Complainant/Applicant : Mr. K. N. Shermale (Application/2472/2022)

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WITH BA/1889/2022

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VIJAY UTTAM DASPUTE VERSUS THE STATE OF MAHARASHTRA

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Advocate for Applicant : Mr. Mangesh R. Jadhav, Mr. D. S. Patil APP for Respondent/State : Mr. S. B. Narwade

20-BA-1482-22.odt

WITH BA/1810/2022

WITH APPLN/3745/2022 IN BA/1810/2022

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GANESH JIJA NEEL VERSUS THE STATE OF MAHARASHTRA

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Advocate for Applicant : Mr. A. R. Ingale APP for Respondent/State : Mr. S. B. Narwade Advocate for Complainant/Applicant : Mr. S. J. Salunke (Application/3745/2022)

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WITH BA/1868/2022 WITH APPLN/3746/2022 IN BA/1868/2022

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NAMDEO DHONDIRAM TATTU VERSUS

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THE STATE OF MAHARASHTRA

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Advocate for Applicant : Mr. Nilesh S. Ghanekar APP for Respondent : Mr. S. B. Narwade Advocate for Complainant/Applicant : Mr. S. J. Salunke (Application/3746/2022)

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CORAM : S. G. MEHARE, J.

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DATE : 21-11-2022

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PER COURT :-

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Heard the learned counsel for the applicants, the learned A.P.P. for the respondent/State and the learned counsel for the complainant.

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In Bail Application Nos. 1933 of 2022 and 1889 of 2022, issue notice to the respondent, returnable forthwith. The learned A.P.P. waives service of notice for the respondent/State.

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20-BA-1482-22.odt

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In Bail Application Nos. 1868, 1810, 1933 and 1073 of 2022, after going through the audit report, the applicants are willing to deposit the amounts whatsoever shown against them in the audit report. They are ready to deposit the said amount by tomorrow i.e. on 22.11.2022. The applicants have shown bonafide to deposit the amount by demand draft in the Court of Judicial Magistrate, First Class, Paithan, District Aurangabad. The learned J.M.F.C. Paithan to accept the D.D. of the amount deposited by the applicants. List the Bail Application Nos. 1868, 1810, 1933 and 1073 of 2022 on 23.11.2022.

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Mr. Gore, learned counsel for the applicant in Bail Application No. 1482 of 2022 seeks time to take further instructions. At his request, list the Bail Application No. 1482 of 2022 on 24.11.2022.

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The applicant, in Bail Application No. 1889 of 2022, has been arraigned as an accused for playing fraud with the sugarcane factory, misappropriating the amount and forging the documents.

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It has been argued for the applicant Vijay Uttam Daspute that nothing has been shown to be recovered from him in the audit report produced by the prosecution. He is languishing in jail from 28.05.2022. The material investigation is over. There are large number of accused. The trial may take its own time.

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20-BA-1482-22.odt

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Considering the entire aspects of the case and progress in investigation, the Court is of the view that it would be inappropriate to keep him behind bar. Hence, the application is allowed.

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i) The application is allowed.

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ii) Applicant Vijay Uttam Daspute in Bail Application No.1889 of 2022, be released on bail, on furnishing PB and SB of Rs.1,00,000/- with one or two solvent sureties of the like amount, in C.R.No.0119 of 2022 registered with Paithan Police Station, Taluka Paithan, District Aurangabad, for the offence punishable under Sections 406, 409, 420, 464, 468, 470, 471 read with Section 34 of the Indian Penal Code, on the condition that, he shall not tamper with the prosecution witnesses.

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( S. G. MEHARE ) JUDGE

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rrd

Vijay Uttam Daspute v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

Vijay Uttam Daspute 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

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Coram

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