Allowed

Komal Somnath Thombare v. the State of Maharashtra

Bombay HC19 Aug 2023ABA/2022/2023

Case brief

AI extract

What is this about?

In an anticipatory bail application, the High Court allowed relief to an applicant apprehending arrest in connection with alleged cheating offences. The court observed no material indicated an active role by the applicant and thus deemed custodial interrogation unnecessary, allowing bail subject to conditions.

What did the court decide?

Anticipatory bail allowed in connection with C.R. No.487 of 2023; release on bail on furnishing bond if arrested; conditions to appear before IO and cooperate with investigation.

Komal Somnath Thombare Vs the State of Maharashtra — Cheating and Forgery | Bombay HC (2023)

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911-aba2022-2023.doc

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AGK

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

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ANTICIPATORY BAIL APPLICATION NO.2022 OF 2023

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ATUL GANESH KULKARNI

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Digitally signed byATUL GANESH KULKARNI Date: 2023.08.19 17:34:05 +0530

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Komal Somnath Thombare… Applicant
V/s.
The State of Maharashtra… Respondent

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Mr. Prasanna K. Shahane for the applicant.

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Mr. P.H. Gaikwad, APP for the respondent/State.

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CORAM:AMIT BORKAR, J.
DATED:AUGUST 19, 2023

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P.C.:

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1.Apprehending arrest in connection with C.R. No.487 of 2023
registered with Chakan Police Station for offences punishable
under Sections 420, 465, 467, 471, 406 and 34 of the Indian Penal
Code, 1860, the applicant is seeking relief of pre-arrest bail under
Section 438 of the Criminal Procedure Code, 1973.

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2.According to prosecution, the applicant in furtherance of
common intention with other co-accused persons fabricated the
false documents and with fraudulent and dishonest intention
cheated the complainant and thereby caused wrongful loss to
complainant and wrongful gain themselves. It is alleged that the
present applicant at the relevant time played an active role in
executing the alleged entire scam. At the relevant time the
applicant was the Director of Rolling Forward Estate Pvt. Ltd. The

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911-aba2022-2023.doc

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present applicant is directly and indirectly beneficiary in the
alleged crime. Instead of notice to remain present for inquiry
before investigating officer, the applicant alleged the not co-
operated and remained absent. Without custodial interrogation the
investigation of the present crime cannot be proceeded ahead.
There is recovery and discovery at the instance of the present
applicant.

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3.On perusal of the first information report and case papers, it
appears that cheque of Rs.51 lakh is signed by the applicant’s
husband. As of now there is no material to indicate active role
played by the applicant in the transaction alleged in the first
information report. Therefore, custodial interrogation of the
applicant is not necessary. Hence, following order:

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a)The anticipatory bail application is allowed;

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b)In the event of arrest of the applicant in connection
with C.R. No.487 of 2023 registered with Chakan Police
Station for offences punishable under Sections 420, 465,
467, 471, 406 and 34 of the Indian Penal Code, 1860, he be
released on bail on furnishing P.R. Bond in the amount of
Rs.25,000/- with one or two sureties in the like amount;

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c)The applicant shall remain present before the
investigating officer on 21, 23 and 25 August 2023 between
11.00 a.m. to 2.00 p.m. and thereafter as and when called by
the concerned investigating officer;

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d)The applicant shall cooperate with the investigation
and make himself available for interrogation whenever

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911-aba2022-2023.doc

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required;

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e)The applicant shall not directly or indirectly make any
inducement, threat or promise to any witness acquainted
with the facts of the case so as to dissuade him from
disclosing such facts to the court or to any police officer;

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f)The applicant shall not obstruct or hamper the police
investigation and not to play mischief with the evidence
collected or yet to be collected by the police;

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g)The applicant shall, at the time of execution of the
bond, furnish his address and mobile number to the
investigating officer, and the court concerned, and shall not
change the residence till the final disposal of the case;

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4.The anticipatory bail application stands disposed of in above
terms. No costs.

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(AMIT BORKAR, J.)

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Komal Somnath Thombare v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

Komal Somnath Thombare v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

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