This is an anticipatory bail application for an offence of cheating. The applicant was introduced to a co-accused who allegedly defrauded an informant of Rs. 18 lakh. The court granted bail on loan of Rs. 30,000 with one or two sureties in like amount.
Bail granted on producing a PR bond of Rs. 30,000 with one or two sureties in like amount.
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.
905-ABA-2931-23.DOC
Sayali Upasani
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
ANTICIPATORY BAIL APPLICATION NO. 2931 OF 2023
Arti Shriniwas Joshi
...Applicant
Vs.
The State of Maharashtra ...Respondent
Ms. Priyanka H. Chavan, for Applicant. Mrs. A. A. Takalkar, APP for State.
Mr. N. M. Devkane, HC, Pandharpur Police station, Present.
CORAM:- N. J. JAMADAR, J.
DATED:- 20th OCTOBER, 2023
PC:-
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905-ABA-2931-23.DOC
the first informant withdrew the loan application. Applicant Aarti Joshi was the loan processing officer. The first informant alleges, applicant Aarti Joshi introduced Co-accused Raju Inamdar. It was represented that Raju would secure loan for the first informant. Initial negotiations failed. Later on, applicant again induced the first informant to pay amount to Raju Inamdar by representing that she would persuade Raju Inamdar to secure the loan for less commission. Raju Inamdar induced the first informant to part with a sum of Rs.18,00,000/-. Neither, the loan was sanctioned. Nor the amount of Rs.18,00,000/- was repaid. Cheque drawn by Raju Inamdar was also dishonoured on presentment. Hence, report.
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of the applicant.
ORDER
I) In the event of arrest of the applicant in connection with C.R. No. 345 of 2023, registered with Pandharpur City police station, Solapur Rural for an offence punishable under Section 420 read with Section 34 of Indian Penal Code, 1860 , the applicant be released on bail on executing a PR Bond in the sum of Rs.30,000/- with one or two sureties in the like amount.
II) The applicant shall co-operate with the investigation and attend Pandharpur City police station, Solapur Rural on 30th and 31st October, 2023 in between 10.00 am to 1.00 pm.
III) The applicant shall not tamper with the prosecution evidence and/or give threat or inducement to the first informant and any of the persons acquainted with the facts of the case.
IV) It is clarified that these prima facie observations are confined to determine the entitlement to pre-arrest bail only.
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V) The application stands disposed.
[N. J. JAMADAR, J.]
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2 issues framed by the court
Whether the applicant is entitled to pre-arrest bail in the instant case?
Whether there is a qualitative difference between the applicant and the co-accouse Mukul Inamdar already granted bail?
1 provisions across 1 enactments
Arti Shriniwas Joshi
The State of Maharashtra
N. J. Jamadar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
