Allowed

Nitin Popat Daundkar and Ors. v. the State of Maharashtra

Bombay HC23 Aug 2023ABA/1065/2023

Case brief

AI extract

What is this about?

The High Court of Judicature at Bombay granted pre-arrest bail to the applicants in a cheating case involving false accounts at a factory premises. The court found prima facie allegations to be omnibus and held custodial interrogation unwarranted.

What did the court decide?

The applicants shall be released on bail upon arrest by furnishing a PR Bond of Rs.30,000/- with one or two sureties in the like amount, each, subject to other conditions.

Nitin Popat Daundkar and Ors. Vs the State of Maharashtra — Cheating and Forgery | Bombay HC (2023)

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41-ABA1065-2023.DOC

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Santosh

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

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SANTOSH SUBHASH KULKARNI

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Digitally signed by SANTOSH SUBHASH KULKARNI Date: 2023.08.25 15:31:36 +0530

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ANTICIPATORY BAIL APPLICATION NO. 1065 OF 2023

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Nitin Popat Daundkar & ors. ...Applicants Versus The State of Maharashtra …Respondent

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Mr. Nitin Gaware Patil, a/w Anandmaya Dhorde, i/b Ahishek Nagode, for the Applicants.

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Mr. Shrikant Yadav, APP for the State.

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HC A. B. Borate, Mhalunge MIDC Police Station, Pimpri Chinchwad, present.

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CORAM: N. J. JAMADAR, J. DATED : 23^rd AUGUST, 2023

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Order:-

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Heard the learned Counsel for the parties.

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This is an application for pre-arrest bail in connection with CR No.183 of 2023 registered with Chakan Police Station, Pune, for an offence punishable under Section 420 read with Section 34 of the Indian Penal Code, 1860 (“the Penal Code”).

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The first informant is a mathadi worker and a member of Gang No.677 posted at Mahindra and Mahindra Factory, Nighoje, Taluka Khed, District Pune. One Namdeo Kand is the Mukadam.

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The first informant alleged that remuneration to the mathdi workers is based on the number of the vehicles 1/4

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41-ABA1065-2023.DOC

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unloaded at the factory premises. The Mukadam and other mathadi workers, including the applicants, who were entrusted with the work of keeping accounts, pass the receipts and deposit the amount with the Mathadi Board. The Mathadi Board, in turn, pays monthly salary to the workers. The first informant alleged that the Mukadam and the applicants have shown less receipts and thereby defrauded the mathadi workers.

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This Court by an order dated 13^th April, 2023 has granted interim protection. One of the accused, who is stated to be similarly circumstanced, has been released on pre-arrest bail by the learned Additional Sessions Judge, Pune.

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The learned Counsel for the applicants submitted that on account of work place rivalry, the first informant has lodged a false report and omnibus allegations have been made in the FIR.

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The learned APP, on the other hand, submitted that the statements of other mathdi workers reveal that the Mukadam and the applicants were entrusted with the work of maintaining accounts and they have shown false accounts and thereby defrauded the mathadi workers.

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Evidently, none of the applicants is a Mukadam. The applicants seem to have been entrusted with the work of issuing

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41-ABA1065-2023.DOC

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receipts and maintaining the accounts by an order dated 25^th February, 2022 issued by Pimpri Chinchwad Mathadi and Unprotected Workers Board. However, the allegations in the FIR, prima facie, appear to be omnibus. The first informant has alleged that since 2 to 3 years the applicants and the Mukadam have been exploiting them.

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In the backdrop of the nature of the accusation, custodial interrogation of the applicants does not seem warranted. The applicants appear to have roots in society and a fixed place of abode and avocation. The possibility of fleeing away from justice and tampering with evidence also seems remote.

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In view of the above and having regard to the punishment which the offence under Section 420 entails I am persuaded to exercise the discretion in favour of the applicants.

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Hence, the following order:

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: O R D E R :

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(i) In the event of arrest of the applicants in CR No.183 of 2023 registered with Chakan Police Station, Pune, the applicants be released on bail on furnishing a PR Bond in the sum of Rs.30,000/- with one or two sureties in the like amount, each.

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41-ABA1065-2023.DOC

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(ii) The applicants shall not tamper with the prosecution evidence and/or give threat or inducement to the first informant and any of the persons acquainted with the facts of the case.

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(iii) The applicants shall cooperate with the investigation and report to the Investigating Officer as and when directed.

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(iv) The applicants shall regularly attend the proceedings before the jurisdictional Court.

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(v) It is clarified that these prima facie observations are confined to determine entitlement to pre-arrest bail.

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Application stand disposed.

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[N. J. JAMADAR, J.]

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Nitin Popat Daundkar and Ors. v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

Nitin Popat Daundkar and Ors. v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

Statutes considered

Parties & counsel

Coram

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