Single judge bail application where the applicant, accused in a cheating case, was released on bail by paying a PR bond and furnishing sureties, as further detention was deemed unnecessary.
Released on bail on PR bond of Rs.25,000/- 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.
6-ba-379-2022.doc
Sharada
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
BAIL APPLICATION NO. 379 OF 2022
SHARADA RANGNATH WAHULE
Digitally signed by SHARADA RANGNATH WAHULE Date: 2023.09.20 16:43:26 +0530
Jitendra Madhukar Waichal....Applicant
Versus
State of Maharashtra
...Respondent
Mr. Priyal G. Sarda, Advocate for the Applicant.
Ms. Anamika Malhotra, APP for Respondent-State.
API- Sachin Bandgar, EOW Solapur City present.
CORAM : SHIVKUMAR DIGE, J.
DATE : 12th SEPTEMBER, 2023.
P.C. :
1. By this Application, the Applicant is seeking bail in Crime
No.555 of 2017 registered with Vijapur Naka Police Station,
Solapur for the offences punishable under Sections 403, 409,
417 and 420 read with Section 34 of the Indian Penal Code
(“IPC” for short) and Section 3 and 4 of Maharashtra Protection
of Interest of Depositors (in Financial Establishments) Act,
1999.
2. It is the prosecution’s that complainant Santosh Surwase
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working as a contractor and he knew accused no.10 Siddheshwar
Mittha. It is alleged that, accused no.10 Siddheshwar Mittha
introduced complainant with other co-accused including the
Applicant. They all told the complainant that there was a Multi Level
Marketing Company and if the Complainant invests amount, he
would get profit and if he gets more investors he would get more
profit. Thereafter, the complainant told his friends and relatives to
invest the amounts in the Company and complainant persuaded other
investors to invest the amount in the company. It is alleged that
complainant did it at the behest of Applicant and other co-accused.
Later the complainant came to know that he has been cheated by the
Applicant and co-accused. Hence, he lodged complaint against them.
4.It is contention of learned counsel for Applicant that, Applicant
has been falsely implicated in this case. The complainant had invested
the amount in the financial companies and not with the Applicant.
Moreover, some of the co-accused has been released on bail by this
Court and trial court and arrest of some co-accused are protected by
Hon’ble Apex Court. Applicant has deposited Rs.35,000,00/- (Rupees
Thirty Five Lakhs) before this Court and if bail is granted the
Applicant will deposit Rs.15,00,000/-(Fifteen Lakhs Only) within two
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weeks after release from the Jail.
Learned counsel further submitted that, Applicant is behind bar
for about two years. The maximum punishment for offence under
Section 420 is seven years. Investigation is completed and charge-
sheet has been filed. Hence requested to allow the Application.
5.It is contention of learned APP that, Applicant was the main
culprit. Applicant and other co-accused have distributed the amount
of the complainant, out of that amount some is deposited in the bank
account of the Applicant which shows his involvement in the crime.
The poor investors had invested their hard earned money by keeping
faith on the Applicant and other co-accused, but they have shattered
their dreams by cheating them. If the Applicant is released on bail, he
may abscond or influence the prosecution witness. Hence requested to
reject the Application.
6I have heard both learned counsel. Perused FIR and charge-
sheet. The allegations against the Applicant are that, he and other co-
accused cheated the complainant and other investors. The Applicant
has deposited Rs.35,00,000/-(Rupees Thirty Five Lakhs Only) before
this Court and as per the statement of learned counsel for Applicant,
Applicant undertakes to deposit Rs.15,00,000/- (Fifteen Lakhs Only)
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within two week after release from the Jail. The Applicant is behind
bar for more than two years. The other co-accused have been
released on bail. Investigation is completed and charge-sheet has been
filed. Considering the above facts, further detention of the Applicant
is not required.
7. In view of above, I pass following order.
ORDER
(i)The Applicant be released on bail in Crime No.
555 of 2017 registered with Vijapur Naka Police Station,
on furnishing PR bond of Rs.25,000/- with one or two
sureties in the like amount.
(ii)After his release from jail the Applicant shall
attend the Vijapur Naka Police Station, Solapur once in a
month i.e. on every 1st Monday of the month between
11.00 a.m. to 3.00 p.m. till framing of charge.
(iii)The Applicant shall not tamper with the
evidence and/or influence the prosecution witnesses.
(iv) Application is allowed in the aforesaid terms.
(SHIVKUMAR DIGE, J.)
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Sharada Rangnath Wahule
State of Maharashtra
Shivkumar Dige
As recorded by the court registry
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