High Court granted pre-arrest bail to applicant in cheating case charged under Section 420 IPC without custodial interrogation, directing deposit of specific sums and cautioning against tampering with evidence.
Grant of bail on deposit of Rs.3 Lakhs and furnishing surety bond of Rs.30,000/-.
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:34038
42 aba 257 of 2023.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
ANTICIPATORY BAIL APPLICATION NO.257 OF 2023
… Rashmi Mayur Deshmukh Applicant versus State of Maharashtra … Respondent
Ms. Surbhi Agrawal, for Applicant. Mr. S.H.Yadav, APP for State. Mr. Jitendra Girnar, PSI Wakad Police Station present.
CORAM: N.J.JAMADAR, J. DATE : 6 NOVEMBER 2023
P.C.
of 2022 registered with Wakad Police Station for an offence punishable under Section 420 of the Indian Penal Code.
SSP 1/4
42 aba 257 of 2023.doc
an undertaking to deposit a sum of Rs.3 Lakhs in this Court. On the basis of the said undertaking, this Court was persuaded to grant interim protection. It seems that the applicant has deposited an amount of Rs.1 Lakh only.
(i) Let the applicant deposit the balance amount of Rs.2 Lakhs in the
Court of the learned Judicial Magistrate, First Class, exercising jurisdiction over
SSP 2/4
42 aba 257 of 2023.doc
Wakad Police Station, within a period of four weeks from today.
(ii) The amount of Rs.1 Lakh be also transferred to the Court of
learned Judicial Magistrate, First Class.
(iii) The learned JMFC shall invest the amount of Rs.1 Lakh deposited by the applicant in an interest bearing account.
(iv) In the event the applicant deposits the said amount of Rs.2 Lakhs,
the same shall also be invested in an interest bearing account.
(v) The said amount shall abide the final outcome of the trial arising out of C.R.No.778 of 2022.
(vi) In the event of the arrest of the Applicant – Rashmi Mayur Deshmukh in connection with C.R.No.778 of 2022 registered with Wakad Police Station, the Applicant 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.
(vii) The Applicant shall co-operate with the investigation and report to Wakad Police Station as and when directed.
(viii) The Applicant shall not tamper with the prosecution evidence
and/or give threat or inducement to any of the prosecution witnesses and the persons acquainted with the facts of the case.
(ix) The Applicant shall regularly attend the proceedings before the jurisdictional Court.
SSP 3/4
42 aba 257 of 2023.doc
determine the entitlement to pre-arrest bail only.
( N.J.JAMADAR, J. )
SSP 4/4
2 issues framed by the court
Whether the applicant is entitled to pre-arrest bail in cheating case without custodial interrogation.
Whether the applicant has satisfied the requirements for interim protection and final bail.
1 provisions across 1 enactments
Rashmi Mayur Deshmukh
State of Maharashtra
N.J.Jamadar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
