Applicant sought anticipatory bail in a cheating and breach of trust case involving non-return of mortgaged gold ornaments after repayment of a loan. Citing the applicant's failure to cooperate or honour an undertaking to settle, and possible additional victims, the court rejected the application and vacated interim protection.
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Digitally signed by CHITRA CHITRA SANJAYSONAWANE SANJAYSONAWANE Date:2024.12.03 01:14:32 Chitra Sonawane. 12-aba-1230-2024.docx+0530
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
Anticipatory Bail Application No.1230 of 2024
Kamlesh Rawal Aged 27 years, Occ: Business Indian Inhabitant, Residing at-SajawatoKaBas Boradi, Pali Rajasthan-306603
… Applicant.
Vs.
The State of Maharashtra (Through RCF Police Station PWD building, High Court, Bombay … Respondent.
Mr Ravi K Dubey i/by Mukesh Yadav a/w Sanjay Chaturvedi for the applicant.
Ms Supriya Kak, APP, for the respondent/ State. PSI HT Kedari, RCF Police Station.
Coram: R.N. Laddha, J. Date: 2 December 2024.
P.C.:
Heard Mr Ravi Dubey, the learned Counsel appearing on behalf of the applicant and Ms Supriya Kak, the learned Additional Public Prosecutor representing the respondent/State.
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Chitra Sonawane.
Station, for offences punishable under Sections 406 and 420 of the Indian Penal Code, 1860.
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informant had handed over gold ornaments valued at Rs. Rs.2,40,000/- as collateral for a loan of Rs.1,93,000/-. However, after receiving the gold ornaments and the amount of Rs.2,00,000/-, the applicant absconded. To date, the gold ornaments have not been recovered. Despite being served a notice under Section 41-A of Cr.P.C., the applicant failed to appear before the investigating officer and did not cooperate with the investigation. Moreover, the applicant has allegedly employed similar deceptive tactics to defraud four other victims. At the time of securing an ad-interim protection order, the applicant assured the Court that he would resolve the matter with the informant and another victim, one Shirke. However, the applicant has neither made any effort to settle the issues nor cooperated with the ongoing investigation. The investigation is still in progress.
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interim protection by this Court on 7 May 2024, based on his representation that he would settle the matter with the informant and another victim, Shirke. However, the applicant has failed to make any efforts to honor this commitment or cooperate with the investigation. In cases of this nature, custodial interrogation is often indispensable to uncover the scope of the fraudulent activity and its intricacies. The possibility of there being simislarly circumstanced additional victims is also eminent. Release of the applicant on pre-arrest bail would jeoparadised the course of effective investigation. I am, therefore, not inclined to exercise the discretion in favour of the applicant. As a result, the application stands rejected. Consequently, the interim order dated 7 May 2024 stands vacated.
[ R.N. Laddha, J. ]
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1 issue framed by the court
Whether pre-arrest bail should be granted to the applicant in a cheating and criminal breach of trust case where custodial interrogation is sought.
2 provisions across 2 enactments
Kamlesh Rawal
The State of Maharashtra
R.N. Laddha
As recorded by the court registry
8 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
