Allowed

Shashank Bhapkar v. State of Chhattisgarh

Chhattisgarh HC14 Jun 2023MCRC/1996/2023

Case brief

AI extract

What is this about?

Application under Section 439 Cr.P.C. for bail by an accused involved in cheque bounce and money circulation offences. The single judge granted bail on personal bond with surety considering recovery proceedings initiated and pretrial duration.

What did the court decide?

Application allowed; Applicant to be released on bail by furnishing personal bond of Rs.50,000 with one surety of like sum.

Shashank Bhapkar Vs State of Chhattisgarh — Bail and Remand | Chhattisgarh HC (2023)

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NAFR

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HIGH COURT OF CHHATTISGARH, BILASPUR

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MCRC No. 1996 of 2023

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Shashank Bhapkar S/o Balasaheb Bhapkar Aged About 32 Years R/o Sukwani, Uddyan Sai Darbar Link Road, Chinchvad, District Pune (Maharashtra) --- Applicant.

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Versus

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State Of Chhattisgarh Through Station House Officer, Police Station Kasdol Chowki Lawan, District Balodabazar Bhatapara Chhattisgarh. --- Respondent. CAUSE TITLE TAKEN FROM CIS PERIPHERY

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----------------------------------------------------------------------------------------------For Applicant : Mr. Sangeet Kumar Kushwaha and Mr. Shrikant Mishra, Advocates. For Respondent/State : Mr. Adil Minhaj, PL.

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Hon'ble Shri Justice Deepak Kumar Tiwari Order On Board

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14.06.2023

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This application under Section 439 Cr.P.C. for grant of bail has been filed by the accused/applicant who is languishing in jail since 01.12.2022 in connection with Crime No.126/2018 registered at Police Station Kasdol, Chowki-Lawan, Balodabazarm, Bhatapara for the offence punishable under Sections 420 & 34 of IPC; Section 3, 4 & 5 of Prize Chit Fund and Money Circulation (Banning) Act, 2004; and Section 10 of CG Protection of Interest of Depositors Act.

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2 Prosecution case, in brief, is that the applicant being a Director of Sai Prasad Properties, Sai Prasad Food Limited and Sai Prasad Co. Ltd. allured various depositors to invest money in his companies for higher returns, however, after getting the amount not returned the amount as promised, thereby cheated the investors.

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3. Learned counsel for the applicant submits that the

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accused/applicant is innocent and has been roped in a false case. He further submits that applicant is former Director of the aforesaid Companies as he has resigned from the post of Director on 25.03.2014, relevant document in this regard is annexed with the petition. He also submits that entire property of the Sai Prasad Properties has been attached by the SEBI and proceeding for recovery of amount has already initiated by the competent authority. He also submits that applicant has given no objection for the said proceedings. He has also filed copy of relevant notification issued by the competent authority. He further submits that for similar nature of offence the applicant has been granted regular bail by the co-ordinate Bench of this Court vide order dated 28.02.2020 passed in MCRC No.885/2020 and other co-accused has also been released on bail. He lastly submits that applicant is languishing in jail since 01.12.2022 and about six months have been elapsed so far, therefore, he may be enlarged on bail.

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4. Per contra, learned State counsel opposes the bail application.

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5. Having considered the submission of counsel for the parties and considering the facts and circumstances of the case, further considering the nature of accusation, period of pretrial detention of the applicant, particularly, considering that recovery proceeding has already been initiated by the competent authority, I deem it appropriate to release the applicant on regular bail.

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6. Accordingly, the application is allowed and it is directed

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that on applicant’s furnishing a personal bond in the sum of Rs.50,000/- with one surety for the like sum to the satisfaction of the concerned Court, he shall be released on bail on the following conditions:-

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(a) he shall not act in any manner which will be prejudicial to fair and expeditious trial,

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(b) he shall appear before the trial Court on each and every date given to him by the said Court till disposal of case, (c) he shall not involve himself in any offence of similar nature in future.

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Sd/-

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(Deepak Kumar Tiwari) Judge

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Ajay

Shashank Bhapkar v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Shashank Bhapkar v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

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