Sanjay Vasantrao Gaikwad v. Tthe State Of Maharashtra
2023:BHC-AS:24550
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO.620 OF 2023 SANJAY VASANTRAO GAIKWAD ..APPLICANT VS.
THE STATE OF MAHARASHTRA ..RESPONDENT ------------ Adv. Priyal G. Sarda for the applicant.
Ms. Veera Shinde, APP for the State.
------------ CORAM : M. S. KARNIK, J.
DATE : AUGUST 25, 2023.
P.C. :
1.
Heard learned counsel for the applicant and learned APP for the State.
2.
This is an application for bail in respect of the offence punishable under Sections 409, 419, 420, 471, 506 of the Indian Penal Code (hereafter 'IPC' for short) registered vide C.R. No.129/2022 with Haveli Police Station, Pune. 3.
It is the allegation that the applicant had cheated four persons to the tune of Rs.23,55,000/-. The applicant projected himself to be a Veterinary doctor and on the pretext of starting the business of cow farming the applicant demanded Rs. 8 to 10 lakhs from the informant as financial 1/3
help and in return, he promised to provide milk, ghee and dairy milk products. The applicant did not repay the money as promised neither he take care of the cows. It was realized that the applicant is not in fact not a Veterinary Doctor but a a Livestock Supervisor.
4.
The applicant has admittedly paid a sum of Rs.2,20,000/- to the first informant. However, there are other victims to whom the applicant had cheated. The offence is mainly that of cheating for which the maximum punishment is prescribed for 7 years rigorous imprisonment. 5.
Learned APP opposed the application.
6.
The applicant is in custody for almost 15 months. The possibility of the trial commencing and concluding any time soon seems remote. The investigation is complete. The charge-sheet has been filed. Apart from the present offence, there are no criminal antecedents reported against the applicant. The applicant does not appear to be a flight risk. Hence, the following order :-
O R D E R
(a) The application is allowed.
2/3
(b) The applicant-Sanjay Vasantrao Gaikwad in connection with C.R. No.129/2022 with Haveli Police Station, Pune, shall be released on bail on his furnishing P.R. Bond of Rs.25,000/- with one or more sureties in the like amount.
(c) The applicant shall attend the Investigating OfÏcer of Haveli police station, Pune once in a month every first Monday of the month between 11.00 a.m. and 1.00 p.m.
(d) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing the facts to Court or any Police OfÏcer. The applicant shall not tamper with evidence. (e) On being released on bail, the applicant shall furnish his contact number and residential address to the Investigating OfÏcer and shall keep him updated, in case there is any change.
(f) The applicant shall not leave Pune District till trial is concluded without prior permission of the trial Court. (g) The applicant to handover the passport, if any, to the Investigating OfÏcer.
7.
The application is disposed of.
(M. S. KARNIK, J.) 3/3