Single judge granted pre-arrest bail to Santosh Subhash Kulkarni in a cheating case involving a commercial transaction where 90% of the price was paid, finding prima facie dishonest intention debatable. Released on bond with cooperation conditions.
Released on bail with one or two sureties on furnishing a PR 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.
902-ABA3497-2023.DOC
Santosh
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
ANTICIPATORY BAIL APPLICATION NO. 3497 OF 2023
SANTOSH SUBHASH KULKARNI
Digitally signed by SANTOSH SUBHASH KULKARNI Date: 2023.12.18 19:19:03 +0530
Shamit Shashikant Bamb ...Applicant Versus State of Maharashtra …Respondent
Mr. Abhishek Salian, a/w Pratik Gawde, i/b Shubham Mhatre, for the Applicant.
Ms. Anamika Malhotra, APP for the State/Respondent. Mr. Akhil Kupade, for the Complainant. PI Swapnali Shinde, Marketyard Police Station, Pune,
present.
CORAM: N. J. JAMADAR, J. DATED: 15th DECEMBER, 2023
ORDER:-
Station, Pune City, for the offences punishable under Sections 406, 409 and 420 of Indian Penal Code, 1860 (“the Penal Code”).
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902-ABA3497-2023.DOC
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902-ABA3497-2023.DOC
Application stands disposed.
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3 issues framed by the court
Whether pre-arrest bail ought to be granted in a case involving alleged cheating where 90% of the price was paid.
Whether prima facie dishonest intention can be attributed to the applicant given the long transaction period and substantial payments.
What conditions should be imposed on the applicant bail release.
Santosh Subhash Kulkarni
State of Maharashtra
N. J. Jamadar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
