Bail application under Section 439 CrPC in a gold-loan fraud case involving forgery and cheating offences; court found recoveries of Rs.35 lakh and gold from the applicant and charge-sheet filed, granting bail on merits without relying on parity.
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(13)-BA-919-2024.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL BAIL APPLICATION NO.919 OF 2024
Laxmikant Yatiraj Bihani ... Applicant V/s.
State of Maharashtra … Respondent
WITH INTERIM APPLICATION NO.2719 OF 2024
VARSHA DEEPAK GAIKWAD
Digitally signed byVARSHA DEEPAK GAIKWAD Date: 2024.07.25 13:57:13 +0530
Manappuram Finance Ltd. Through ... Applicant Haribansh Tiwari
V/s.
State of Maharashtra and Anr. … Respondents
Mr. Rajiv Chavan with Viresh Purwant in BA/919/2024, for the applicant.
Mr. Sameer Mangaonkar, APP, for the Respondent/State.
Mr. Yogendra Pendse with Priyanka Patkar, for the applicant in IA.
Mr. Vijay Patil, API, Crime Branch, Solapur City, Present.
CORAM : ANIL S. KILOR, J.
DATE : 24TH JULY, 2024.
PC:
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(13)-BA-919-2024.doc
2023, registered with Fauzdar Chawdi Police Station, Solapur for the offences punishable under Sections 408, 465, 467, 468, 471, 477(A), 420 (B) of the Indian Penal Code,1860 (for short, ‘IPC’).
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(13)-BA-919-2024.doc
recovery made from the applicant, I am of the opinion that the application needs to be allowed. Accordingly, the application is allowed.
ORDER
i) Criminal application is allowed;
ii) It is directed that the applicant shall be released on bail in Crime No.585 of 2023, registered with Fauzdar Chawdi Police Station, Solapur for the offences punishable under Sections 408, 465, 467, 468, 471, 477(A), 420 (B) of the Indian Penal Code, on furnishing P.R.Bond of Rupees Twenty-Five Thousand with one solvent surety in the like amount;
iii) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case, as also not tamper with the evidence;
iv) Liberty is granted to the State for cancellation of bail in case of there is breach any condition or if the applicant commits any serious offence.
vi) The applicant shall attend the trial before the trial Court regularly on every date unless exemption is granted by the trial.
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(13)-BA-919-2024.doc
The Criminal Application is disposed of accordingly.
(ANIL S. KILOR, J)
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1 issue framed by the court
Whether the applicant in custody since 07.10.2023 with charge-sheet filed and substantial recovery made should be granted bail under Section 439 CrPC despite opposition by the State.
2 provisions across 2 enactments
Laxmikant Yatiraj Bihani
State of Maharashtra
Anil S. Kilor
As recorded by the court registry
10 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
