Allowed

Netaji Ganpati Kamble v. State of Maharashtra

Bombay HC21 Aug 2024ABA/2693/2023

Case brief

AI extract

What is this about?

The High Court allowed the applicant's anticipatory bail application regarding offences of cheating and criminal breach of trust. The court converted the interim bail order into an absolute bail order, finding that investigative custody was no longer necessary as the investigation was complete.

What did the court decide?

The application was allowed and the interim bail order dated 26 September 2023 was made absolute.

Netaji Ganpati Kamble Vs State of Maharashtra — Cheating and Forgery | Bombay HC (2024)

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2024:BHC-AS:33539

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2 aba 2693 of 2023.doc

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.2693 OF 2023

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Netaji Ganpati Kamble ... Applicant versus State of Maharashtra … Respondent

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WITH

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INTERIM APPLICATION NO.3968 OF 2023

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IN ANTICIPATORY BAIL APPLICATION NO.2693 OF 2023

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Laila Altabegul Ichalkrnje … Applicant/Intervener and Netaji Ganpati Kamble … Applicant versus The State of Maharashtra … Respondent

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Mr. Sachin Thorath with Mr. Dhananjay Bhosale i/by Mr. Ashok Janrao, for Applicant.

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Mr. A.A.Naik, APP for State.

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Ms. Samruddhi Kulkarni h/f Mr.Ajit Savagave, for Intervener. API Dinesh Kashid, Shivaji Nagar Police Station, Ichalkaranji, present.

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CORAM: N.J.JAMADAR, J.

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DATE : 21 AUGUST 2024

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P.C.

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Heard the learned Counsel for the parties.

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

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C.R.No.26 of 2023 registered with Shivaji Nagar Police Station,

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Kolhapur, for the offences punishable under Sections 406 and 420

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SSP 1/4

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2 aba 2693 of 2023.doc

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read with Section 34 of the Indian Penal Code.

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By an order dated 26 September 2023, this Court was persuaded to grant interim bail to the applicant observing, inter alia, as under :

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“3. The applicant had allegedly induced the first informant to part with a sum of Rs. 2,85,000/- by making false representation that the applicant will secure a loan of Rs. 40 to 50 lakhs from Chief Minister Employment Generation Scheme. After repeated persuasion, the applicant refused to repay the said amount and instead threatened to implicate the first informant in an offence.

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The learned counsel for the applicant submitted that in respect of the very same occurrence the first informant had lodged private complaint. Subsequently, after a delay of about one year, the first information report has been lodged. It was further submitted that the informant had allegedly paid the amount in cash and there is nothing to show that any amount was credited to the account of the applicant.

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Learned APP submitted that the allegations in the first information report indicate that an amount of Rs. 50,000/- was paid by a cheque and another sum of Rs. 15,000/- was credited online. Learned APP seeks time to take instructions.

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In view of the nature of the accusations, investigation is warranted to ascertain the genuineness of the allegations in the

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SSP 2/4

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2 aba 2693 of 2023.doc first information report especially as regards the inducement to part with the amount by the applicant. I am, therefore, inclined to protect the liberty of the applicant by directing him to join in the investigation.”

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Learned Counsel for the Applicant submits that pursuant to

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the aforesaid order, the applicant has appeared before the Investigating Officer and has cooperated with the investigation. Post completion of the investigation, charge sheet has also been lodged.

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Learned APP and the learned Counsel for the Intervener/First informant, concur with the aforesaid submissions.

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As the investigation is complete, at this length of time, further custodial interrogation of the applicant does not seem to be warranted. The offence under Section 420 of the IPC entails punishment which may extend to 7 years. Having regard to the nature of the accusation and the reasons which weighed with this Court in granting interim bail, I am inclined to make the order of interim bail absolute.

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Hence, the following order :

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SSP 3/4

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2 aba 2693 of 2023.doc

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ORDER

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(i) The Application stands allowed.

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(ii) The order dated 26 September 2023 granting interim

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bail to the applicant is made absolute on the terms and conditions incorporated therein.

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(iii) In addition, the applicant shall regularly attend the proceedings before the jurisdictional Court.

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(iv) By way of abundant caution, it is clarified that the observations made hereinabove are confined for the purpose of determination of the entitlement for pre-arrest bail only.

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(v) Interim Application No.3968 of 2023 also stands

disposed.

( N.J.JAMADAR, J. )

SSP 4/4

Signed by: S.S.Phadke Designation: PS To Honourable Judge Date: 22/08/2024 10:22:32

Netaji Ganpati Kamble v. State of Maharashtra

Case brief

What is this about?

What did the court decide?

Netaji Ganpati Kamble v. State of Maharashtra

Case brief

What is this about?

What did the court decide?

What the court decided

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