Amol Ashok Koli vs State of Maharashtra — Cheating and Forgery | Bombay HC (2025)

Amol Ashok Koli vs State of Maharashtra — Cheating and Forgery | Bombay HC (2025)

What the court decided

AI extract

Outcome

Regular bail granted in connection with Crime No. 742 of 2023, Yerwada Police Station, Pune, on executing P.R. Bond of Rs.25,000/- with one or two sureties in the like amount; applicant to deposit Rs.8,00,000/- before the trial Court (Rs.5,00,000/- before release warrant is issued, balance Rs.3,00,000/- within four weeks of release); not to commit any other crime; to attend the concerned Police Station once a month on first Saturday between 11:00 a.m. to 1:00 p.m. till conclusion of trial.

Issue for consideration

Whether the applicant, in custody for one year and three months in Crime No. 742 of 2023 (offences under Sections 420 r/w Section 34 IPC, triable by Magistrate), should be released on regular bail.

Court's answer

The Court found that the applicant's custody of one year and three months was undisputed, the offences were triable by Magistrate, and the applicant had shown willingness to deposit specified amounts; on these facts the Court was inclined to release him on bail.

Ratio / Principle

Bail was granted on executing a P.R. Bond of Rs.25,000/- with one or two sureties in the like amount, subject to depositing Rs.8,00,000/- before the trial Court, with the release warrant withheld unless Rs.5,00,000/- was deposited and the balance Rs.3,00,000/- payable within four weeks of release.

Detailed headnote1 paragraphs

Bail — Regular bail granted — Cheating, common intention (Sections 420 r/w 34 IPC) — Applicant in custody one year and three months in Crime No. 742 of 2023, Yerwada Police Station, Pune; offences triable by Magistrate — Applicant willing to deposit Rs.5,00,000/- before release and Rs.3,00,000/- within four weeks thereof — Criminal Bail Application allowed; release directed on P.R. Bond of Rs.25,000/- with one or two sureties in the like amount, subject to deposit of Rs.8,00,000/- before the trial Court (release warrant withheld till Rs.5,00,000/- deposited), undertaking not to commit any crime, and monthly police-station attendance (first Saturday, 11:00 a.m. to 1:00 p.m.) till conclusion of trial — A.P.P.'s submission of involvement in five more similar crimes noted but did not prevail.

8-BA-2777-2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

CRIMINAL BAIL APPLICATION NO. 2777 OF 2024

Amol Ashok Koli ...Applicant Versus The State of Maharashtra ...Respondent

Mr. Satyavrat Joshi, Advocate for the Applicant through V.C. Mrs. P. S. Rane, A.P.P. for the Respondent – State. Mr. Lamkhade (API) Yerwada Police Station, Pune, present.

P.C.:

This is an application for regular bail.

The applicant came to be arrested in Crime No. 742

of 2023 registered at Yerwada Police Station, District : Pune for the offences punishable under Sections 420 r/w Section 34 of Indian Penal Code.

The allegations against the present applicant are of defrauding the Complainant to the tune of Rs.8,54,199/-.

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Sajakali Jamadar

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I have heard the learned counsel for the applicant and learned A.P.P. for the Respondent-State.

The learned counsel for the applicant submits that the applicant is in jail for one year and three months. It is submitted that the offences are triable by Magistrate. The learned counsel for the applicant submits that the applicant without prejudice to his rights is ready and willing to deposit the sum of Rs.5,00,000/- before his release and Rs.3,00,000/within a period of four weeks from the date of his release. The learned counsel for the applicant has tendered affidavit of the wife of the applicant to that effect.

On the other hand, the learned A.P.P. for the Respondent-State submits that the applicant is involved in five more crimes and similar nature. It is submitted that considering the said fact, the applicant may not be released on bail.

The fact that the applicant is in jail for one year and three months is not disputed. The offences are triable by Magistrate. Considering the said facts and as the applicant has shown willingness to deposit certain amount, I am inclined to

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Sajakali Jamadar

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release him on bail.

ORDER

(i) Criminal Bail Application is allowed;

(ii) The applicant is directed to be released on bail in connection with Crime No. 742 of 2023 registered at Yerwada Police Station, District : Pune for the offences punishable under Sections 420 r/w Section 34 of Indian Penal Code, on executing P.R. Bond in the sum of Rs.25,000/- with one or two sureties in the like amount; (iii) The applicant shall deposit the amount of Rs.8,00,000/- before the trial Court. (iv) The release warrant shall not be issued unless the amount of Rs.5,00,000/- is deposited.

(v) The applicant shall deposit rest of the amount of Rs.3,00,000/- within a period of four weeks from the date of his release.

(vi) The applicant shall not commit any other crime. (vii) The applicant shall attend the concerned Police Station once in a month i.e. on first Saturday between 11:00 a.m. to 1:00 p.m. till conclusion of trial;

(viii) Application stands disposed of accordingly.

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Sajakali Jamadar