Allowed

Kiran Balasaheb Mane v. the State of Maharashtra

Bombay HC1 Aug 2023BA/100/2023

Case brief

AI extract

What is this about?

The High Court granted bail to two applicants facing charges of cheque forgery and cheating. Noting the re-deposit of amounts, the applicants' lack of prior antecedents, the completion of investigation, and the absence of an imminent trial, the court ordered their release subject to standard bail conditions.

What did the court decide?

Released on bail by furnishing bonds of ₹25,000 each along with sureties, subject to reporting to police monthly and attending court dates.

Kiran Balasaheb Mane Vs the State of Maharashtra — Cheque Dishonour | Bombay HC (2023)

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AGK

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

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BAIL APPLICATION NO.100 OF 2023

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Kiran Balaso Mane… Applicant

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Digitally signed by ATUL ATUL GANESH GANESH KULKARNI KULKARNI Date: 2023.08.01 14:38:22 +0530

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V/s.
The State of Maharashtra… Respondent

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WITH BAIL APPLICATION NO.1927 OF 2023

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Ashish Anil Chavan… Applicant
V/s.
The State of Maharashtra… Respondent

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Mr. Ashok Mundargi, Senior Advocate i/by Mr. Jayant
Bardaskar for the applicant in BA/100/2023.

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Mr. Amol Deshpande with Mr. Amol Alman for the
applicant in BA/1927/2023.

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Mrs. Rutuja Ambekar, APP for the respondent/State.

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CORAM :AMIT BORKAR, J.

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DATED:AUGUST 1, 2023

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P.C.:

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1.Leave to amend to correct the name of the applicant in Bail
Application No.100 of 2023. Amendment to be carried out
forthwith.

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2.This is an application under Section 439 of the Criminal
Procedure Code, 1973 seeking bail in relation with C.R. No.251 of
2021 registered with Bundgarden Police Station for offence under

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Sections 465, 467, 468, 471, 420 read with Section 34 of the
Indian Penal Code, 1860.

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3.According to prosecution, complainant is the Administrative
Officer in B.J. Medical College, Pune. The college has bank account
with Bank of Baroda, Pune Branch bearing A/c.
No.98260100006669. On 8 October 2021, the accountant, Prakash
Bhillare informed the complainant that an amount of Rs.25 lakh
was deducted from the said bank account on 6 October 2021. It is
also informed that the said transaction was not done by the college
and, hence, the complaint was forwarded to the bank.

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4.On inquiry, it is learnt that on 6 October 2021, college
informed the bank that the cheque should not be honored and
refused to give confirmation in respect of cheque bearing
No.000290 amounting to Rs.25 lakh. It is alleged that even after
said objection, amount of Rs.25 lakh was transferred in the
account of one Vishwas Patil. It is stated that on 16 October 2021,
entire amount of Rs.25 lakh was deposited in the bank account of
the college by three different transactions. It is alleged that on
verifying the passbook, it was revealed that on 11 October 2021 by
three different cheques bearing No.000264, 000265 and 000278
each amounting to Rs.25 lakh, total Rs.75 lakh, was transferred
from the bank account of the said college into accounts of three
different persons. It is also revealed that on the same day, amount
of Rs.75 lakh was refunded/re-deposited in the bank account of
the college.

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5. It is alleged that the college has never received cheque book

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bearing cheque Nos.000261 to 000290. Therefore, it is alleged that
someone with the intention to cheat the college, with the help of
forged cheques, stamps and signatures have attempted to transfer
the amount of Rs.25 lakh. On the basis of said allegations, first
information report came to be registered.

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6.Both the applicants came to be arrested on 6 July 2022.
Applications filed by both the applicants before learned Sessions
Court came to be rejected by orders dated 26 August 2022 and 16
January 2023, respectively.

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7.Learned Senior Advocate for the applicant submitted that the
applicant in Anticipatory Bail Application No.100 of 2023 is doctor
by profession. Cheques amounting to Rs.25 lakh which transferred
the amounts in accounts of four persons have been re-deposited in
the bank. The applicant was unaware about the fact that the
cheques were fabricated and bogus. Accused No.3 is the person
responsible for the offence. The applicant has neither made or
used forged signature and seal of institution.

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8.Per contra, learned APP submitted that main accused No.3 is
absconding. Forged and fabricated seals are yet to be seized. There
is sufficient material to indicate complicity of the applicants.

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9.On perusal of the charge-sheet and material on record, it
appears prima facie that the applicants persuaded Vishwas Patil to
deposit cheque of Rs.25 lakh and received Rs.4 lakh by bearer
cheques. Accordingly, applicants received two cheques of Rs.2 lakh
each; however, on the same day Vishwas Patil received a call from
Bank of India stating that the deposited cheque is forged and he

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was called upon to re-deposit the amount. The applicants on 8
October 2021 re-deposited Rs.4 lakh in the account of Vishwas
Patil and Rs.25 lakh was also deposited on 16 October 2021. The
role attributed to the applicant in Anticipatory Bail Application
No.1927 of 2023 is that he handed over cheques received from
accused No.3 to Kiran Balasaheb Mane.

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10. First information report is lodged on 27 October 2021. The
charge-sheet is already filed. Investigation against the applicants is
complete.

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11. The applicants are in jail from 6 July 2022. Charges are yet
to be framed. It is unlikely that the trial will commence in near
future. Accused No.3 is absconding. There are no criminal
antecedents to the discredit of the applicants. Therefore, the
applicants deserve to be released on bail. Hence, following order:

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a)The applicants be released on bail in relation to C.R. No.251
of 2021 registered with Bundgarden Police Station for offence
under Sections 465, 467, 468, 471, 420 read with Section 34 of
the Indian Penal Code, 1860 on furnishing P.R. Bond in the amount
of Rs.25,000/- each along with one or two sureties in the like
amount;

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b)The applicants shall mark his presence with the concerned
police station on first Saturday of every month till conclusion of
trial;

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c)The applicants shall remain present before the Trial Court on
each and every date unless specifically exempted by the Court;

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d)The applicants shall not directly or indirectly make any
inducement, threat or promise to any witness acquainted with the
facts of the case so as to dissuade him from disclosing such facts to
the court;

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e)The applicants shall not obstruct or hamper the police
investigation and not to play mischief with the evidence collected
or yet to be collected by the police;

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f)The applicants shall, at the time of execution of the bond,
furnish his address and mobile number to the investigating officer,
and the court concerned, and shall not change the residence till
the final disposal of the case;

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12. Both the bail application stand disposed of in above terms.
No costs.

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(AMIT BORKAR, J.)

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Kiran Balasaheb Mane v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

Kiran Balasaheb Mane v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

What the court decided

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