Allowed

Shailendra Sukhdev Gaikwad v. the State of Maharashtra

Bombay HC23 Aug 2023ABA/377/2023

Case brief

AI extract

What is this about?

This is an anticipatory bail application filed under the Criminal Procedure Code regarding offences of cheating. The High Court granted bail on the applicant's surrender, imposing conditions regarding bond surety and cooperation with investigation.

What did the court decide?

Grant of bail on furnishing a PR Bond of Rs.30,000/- with one or two sureties in the like amount, subject to conditions against tampering and inducement.

Shailendra Sukhdev Gaikwad Vs the State of Maharashtra — Cheating and Forgery | Bombay HC (2023)

¶1

35-ABA377-2023.DOC

¶2

Santosh

¶3

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

¶4

SANTOSH SUBHASH KULKARNI

¶5

Digitally signed by SANTOSH SUBHASH KULKARNI Date: 2023.08.25 15:31:36 +0530

¶6

ANTICIPATORY BAIL APPLICATION NO. 377 OF 2023

¶7

Shailendra Sukhdev Gaikwad ...Applicant Versus The State of Maharashtra …Respondent

¶8

Mr. Shailesh Chavan, a/w Pruthviraj Chavan & Rushikesh Avhad, for the Applicant.

¶9

Mrs. Ashwini Takalkar, APP for the State.

¶10

CORAM: N. J. JAMADAR, J. DATED : 23^rd AUGUST, 2023

¶11

Order:-

¶12

Heard the learned Counsel for the parties.

¶13

This is an application for pre-arrest bail in connection with

¶14

CR No.1057 of 2022 registered with Wakad Police Station, Pune, for the offences punishable under Sections 420 and 406 read

¶15

with Section 34 of the Indian Penal Code, 1860 (“the Penal Code”).

¶16

The first informant lodged a report with the allegation that the applicant and the co-accused had induced her to part with an amount of Rs.55,000/- by making a false representation that they would be offered lucrative travel package. No offer was made for the period of one month. When the first informant

¶17

1/3

¶18

35-ABA377-2023.DOC

¶19

demanded the refund of the amount the applicant and the coaccused gave evasive answers and switched off their phones. It further transpired that other persons were also duped like the first informant.

¶20

The learned Counsel for the applicant submits that no specific role has been attributed to the applicant except an omnibus assertion that he was present in the office alongwith others and gave information about the scheme. The learned Counsel for the applicant further submits that co-accused Shubham Pawar, who is alleged to be the Director of the said company, has been directed to be released on bail in the vent of arrest by this Court by an order dated 21^st January, 2023 in ABA/266/2032.

¶21

The FIR indicates that Shubham Pawar was implicated as a Director of the company. This Court while ordering the release of Shubham Pawar observed that prima facie Shubham Pawar also appeared to be the victim of the machinations of coaccused Sunil Sarode. In FIR no specific role is attributed to the applicant. The applicant is on interim protection since 7^th February, 2023.

¶22

2/3

¶23

35-ABA377-2023.DOC

¶24

Hence, the following order:

¶25

: O R D E R :

¶26

(i) In the event of arrest of the applicant in CR No.1057 of 2022 registered with Wakad Police Station, Pune, he 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.

¶27

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

¶28

(iii) The applicant shall cooperate with the investigation and report to the Investigating Officer as and when directed.

¶29

Application stands disposed.

¶30

3/3

Shailendra Sukhdev Gaikwad v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

Shailendra Sukhdev Gaikwad v. the 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

Case details

Similar cases

Raj Ramdev Tyagi Vs State of Maharashtra

Diana Raj Tyagi Nee Diana Bomi Mehta Vs State of Maharashtra

Santosh @ Nana Ramesh Kushare Vs the State of Maharashtra and Ors.

Rajesh Prembahadur Singh Vs State of Maharashtra

Shashikant Bhaskar Chaudhari Vs the State of Maharashtra

Nitin Popat Daundkar and Ors. Vs the State of Maharashtra