A single judge rejected an anticipatory bail application filed by an accused facing cheating and forgery charges. The court held that the accused's antecedents and alleged abuse of his official position to defraud unemployed individuals negated any claim for discretion in his favor.
The anticipatory bail application stands rejected.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
2023:BHC-AS:29300
909 aba 2233 of 2023.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.2233 OF 2023
Subhash Chand Katoch
… Applicant
versus State of Maharashtra
… Respondent
Mr. Nitin B. Patil, for Applicant. Mrs. Geeta P. Mulekar, APP for State.
CORAM: N.J.JAMADAR, J. DATE : 4 OCTOBER 2023
P.C.
of 2022 registered with Koparkhairane Police Station for the offence punishable under Section 420 read with Section 34 of the Indian Penal Code.
SSP 1/4
909 aba 2233 of 2023.doc
post. The first informant was induced to pay further amount of Rs.3 Lakhs to have a medical test of his wife. They went to ECR Super Speciality Hospital, Patna and a farce of medical examination was made thereat. Another letter asking the first informant’s wife to appear for verification was given. On that count again, the first informant was made to part with a sum of Rs.1 Lakh. Joining letter was sent and the first informant was induced by the applicant to pay a sum of Rs.2 Lakhs to Manoj Kumar, an associate of the applicant. Months passed by, no appointment order was received. The first informant thus, approached the applicant. He gave evasive replies. Having realized the fraud, the first informant lodged the report.
SSP 2/4
909 aba 2233 of 2023.doc
repeatedly indulging in such offences and two crimes being C.R.No.124 of 2016 and 281 of 2022 have been registered against the applicant at Sahar and Kothrud Police Station, respectively, involving identical allegations. Therefore, the applicant does not deserve the exercise of discretion.
a farce of progress, the first informant was induced to pay more money. The first informant and his wife were made to visit Patna to undergo medical test and on the pretext of verification of the documents.
SSP 3/4
909 aba 2233 of 2023.doc
substance if there were no antecedents. On the contrary, two crimes containing somewhat similar allegations appear to have been registered against the applicant at Sahar and Kothrud Police Stations. It seems that the applicant, with a design to exploit the hapless situation of unemployed persons, has been indulging in the offences of cheating and forgery by inducing them to part with amounts in the hope of getting employment.
(i) The application stands rejected.
(ii) It is clarified that these prima facie observations are confined to
determine the entitlement to pre-arrest bail only.
( N.J.JAMADAR, J. )
SSP 4/4
3 issues framed by the court
Whether preemptive bail should be granted to an accused facing charges of cheating and forgery.
Whether the applicant's antecedents and alleged abuse of official position negate the claim for bail protection.
Whether the prima facie case disclosed by the FIR warrants rejection of the anticipatory bail application.
2 provisions across 1 enactments
Subhash Chand Katoch
State of Maharashtra
N.J. Jamadar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
