Allowed

Chandan Kailash Singh v. State of Maharashtra

Bombay HC18 Oct 2023ABA/264/2023

Case brief

AI extract

What is this about?

Allowed pre-arrest bail to theapplicantin connection with Section 420 read with Section 34 IPC, reinstating interim protection with conditions to cooperate with investigation and refrain from tampering with evidence.

What did the court decide?

Released on bail upon furnishing a PR Bond of Rs.30,000/- with one or two sureties, attending police station, and refraining from tampering evidence.

Chandan Kailash Singh Vs State of Maharashtra — Cheating and Forgery | Bombay HC (2023)

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2023:BHC-AS:31554

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25-ABA264-2023.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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ANTICIPATORY BAIL APPLICATION NO. 264 OF 2023

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Chandan Kailash Singh ...Applicant Versus State of Maharashtra …Respondent

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Mr. Sakshi Bhanushali, i/b Hedgehog and Fox LLP, for the

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Applicant. Mr. M. G. Patil, APP for the State/Respondent. Mr. J. A. Shaikh, API, Tulinj Police Station, present.

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CORAM: N. J. JAMADAR, J. DATED: 18^th OCTOBER, 2023

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ORDER:-

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Heard the learned Counsel for the applicant and the learned APP for the State.

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This is an application for pre-arrest bail in connection with CR No.787 of 2022, registered with Tulinj Police Station, Mira-Bhayander, Vasai-Virar, for the offences punishable under Section 420 read with Section 34 of Indian Penal Code, 1860 (“the Penal Code”).

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The first informant had a room in Nandlal Chawl which went in redevelopment. In the redeveloped building a room on the sixth floor being No.602 was agreed to be allotted to the first informant. Brijesh Yadav, accused No.1, was the

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25-ABA264-2023.DOC

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developer, who was constructing the said building No.4. In the month of October, 2020, accused No.1 allegedly informed the first informant to approach the applicant as the construction of the said building was entrusted to the applicant. The first informant claimed to have parted with a sum of Rs.40,000/- for the internal work. Later on, it transpired that the said room was transferred to Sapna Bhanat by executing a registered instrument at the instance of one Rajesh Yadav.

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The learned Counsel for the applicant submitted that the applicant had no concern with the transaction between the first informant and the original builder.

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The learned APP invited the attention of the Court to an Agreement purported to be executed on 1^st February, 2023 between Anuj Udaybhan Singh and the first informant.

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Prima facie, it does not appear that the applicant is a party to the said agreement. The applicant seems to have come in the frame at a later point of time.

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Prima facie, the question as to whether the applicant induced the first informant to part with a sum of Rs.70,000/-

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25-ABA264-2023.DOC

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towards society charges and made a false representation to transfer room in building No.4 appears to be debatable.

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By an order dated 27^th January, 2023 this Court had granted interim protection. I am, therefore, inclined to exercise the discretion in favour of the applicant.

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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 applicant in CR No.787 of 2022, registered with Tulinj Police Station, MiraBhayander, Vasai-Virar, 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.

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(ii) The applicant shall cooperate with the investigation and attend Tulinj Police Station on 30^th and 31^st October, 2023 in between 10.00 am. to 1.00 pm. and thereafter as and when directed.

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

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25-ABA264-2023.DOC

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(iv) It is clarified that these prima facie observations are

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confined to determine entitlement to pre-arrest bail only.

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(v) Application stands disposed.

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[N. J. JAMADAR, J.]

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Chandan Kailash Singh v. State of Maharashtra

Case brief

What is this about?

What did the court decide?

Chandan Kailash Singh v. State of Maharashtra

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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