Allowed

Kamlesh Sudama Molasi and Anr. v. the State of Maharashtra

Bombay HC4 May 2023ABA/1238/2023

Case brief

AI extract

What is this about?

The High Court allowed anticipatory bail applications for individuals accused of cheating and misappropriation of funds. Bail was granted contingent upon furnishing bonds and a strict schedule for repaying the misappropriated money to the complainant.

What did the court decide?

Applications for anticipatory bail allowed subject to furnishing PR bonds, depositing the misappropriated amount per schedule, reporting to IO, and not tampering with evidence.

Kamlesh Sudama Molasi and Anr. Vs the State of Maharashtra — Cheating and Forgery | Bombay HC (2023)

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Megha 3_503_ABA, 1238,, 1237 & 1380_2023.doc

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

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ANTICIPATORY BAIL APPLICATION NO.1238 OF 2023

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1. Kamlesh Sudama Molasi

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2. Rashmi Nilesh More...Applicants

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Versus

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The State of Maharashtra ...Respondent

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WITH

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ANTICIPATORY BAIL APPLICATION NO.1380 OF 2023

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Swati Kamlesh Molasi...Applicant

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Digitally signed by MEGHASPARAB MEGHA SPARABDate:2023.05.06 13:12:05 +0530

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Versus
The State of Maharashtra...Respondent

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Mr. Shailesh Kharat for the Applicants.
Mr. S.V. Gavand, APP for the Respondent -State.
Mr. Kunal Rane for the Intervenor.

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 CORAM: SMT. ANUJA PRABHUDESSAI, J.
 DATED : 4th MAY, 2023.

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P. C. :-

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1.The Applicants seek pre-arrest bail in C.R. No.I-148 of 2023
registered with Worli Police Station, Mumbai, for the offences
punishable under Sections 408, 420, 465, 467, 468, 471 and 477 of the

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IPC and Section 65 of the Information and Technology Act, 2000.

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2.The aforesaid crime was registered pursuant to the FIR

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Megha 3_503_ABA, 1238,, 1237 & 1380_2023.doc

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lodged by Ronil Vishnu Malani. The First Informant has alleged that
the Applicant-Swati Malasi has misappropriated total amount of
Rs.24,81,526/-. She has already refunded to the Complainant an
amount of Rs.9,00,000/-. It is seen that from the amount, which was
misappropriated by the Applicant-Swati, an amount of Rs.25,000/-
was transferred in the account of Applicant-Kamlesh Molasi and
Rs.1,99,978/- was transferred in the account of her sister-Rashmi,
Applicant No.2.

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3.It is pertinent to note that previous bail application filed by
Swati Molasi was allowed to be withdrawn. The Applicant-Swati has
filed fresh application mainly on the ground that the Applicants-Swati
Molasi and Kamlesh Molasi, Applicant No.1 in Anticipatory Bail
Application No.1238 of 2023 are ready to deposit an amount of
Rs.15,81, 526/- before this Court. The Applicant-Swati Molasi has filed
her affidavit wherein she has given schedule of payment in paragraph
5, which reads as under:-

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“a. In 2 weeks, I undertake to deposit Rs.4,00,000/-

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b. In the month of June 15th, 2023, I undertake to

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deposit Rs.1,81,526/-

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c. In the month of July 15th 2023, I undertake to

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Megha 3_503_ABA, 1238,, 1237 & 1380_2023.doc

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deposit Rs.2,50,000/-.

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d. In the month of August 15th 2023, I undertake to

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deposit Rs.2,50,000/-.

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e. In the month of September 15th 2023, I undertake to

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deposit Rs.2,50,000/-.

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f. In the month of October 15th 2023, I undertake to

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deposit Rs.2,50,000/-.”

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4.Statements made in the affidavit/application are accepted

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as undertakings to this Court. Since the Applicants are ready to deposit

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the amount allegedly misappropriated, as well as considering the
nature of accusations, in my considered view this would be a fit case to
exercise discretion under Section 438 of the Cr.P.C.

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5.Under the circumstances, the applications are allowed on
the following terms and conditions:-

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(i) In the event of arrest of the Applicants in C.R. No.I-

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148 of 2023 registered with Worli Police Station,

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Mumbai, the Applicants are ordered to be
released on bail on furnishing PR bonds in the

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sum of Rs.25,000/- each with one or two sureties

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to the like amount;

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Megha 3_503_ABA, 1238,, 1237 & 1380_2023.doc

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(ii) The Applicants shall report to the concerned

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Investigating Officer as and when required by the

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Investigating Officer;

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(iii)The Applicants shall deposit the money as per the

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schedule given in paragraph 5 of the affidavit. In

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the event of default in paying the money as

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agreed, the bail order shall stand recalled;

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(iii) The Applicants shall not tamper with the
prosecution evidence and or influence the

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witnesses in any manner.

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(iv) The Applicants shall keep the Investigating Officer

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informed of their current address and mobile

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contact numbers, and /or change of residence or

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mobile details, if any, from time to time.

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6.The applications stand disposed of.

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 (SMT. ANUJA PRABHUDESSAI, J.)

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Kamlesh Sudama Molasi and Anr. v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

Kamlesh Sudama Molasi and Anr. 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

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