Nandkumar Jayendraprasad Dwivedi v. State Of Maharashtra

Digitally signed by DINESH SADANAND SHERLA Date:

2023.03.28 14:22:17 +0500 DINESH SADANAND SHERLA

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 330 OF 2023 Hashim E. Kadar ...Applicant V/s.

The State of Maharashtra

...Respondent.

WITH INTERIM APPLICATION NO. 841 OF 2023 Mr. A.A. Mir for the Applicant.

Mrs. Veera Shinde, APP for the Respondent/State. Mr. Aamir Shaikh for the Intervenor

CORAM

:

N.R. BORKAR, J.

DATE :

24.03.2023.

P.C. :

1.

This is an application under Section 439 of Code of Criminal Procedure for bail.

2.

The applicant came to be arrested in Crime No.144 of 2020 registered at Kharghar Police Station, Navi Mumbai for the ofence punishable under Section 420 read with 34 of the Indian Penal Code.

3.

I have heard the learned counsel for the applicant, the learned APP for the respondent - State and the learned counsel for the Intervenor.

4.

The allegations against the applicant and other co-accused are of cheating. It is alleged that the applicant and other coaccused had promised the complainant to get him appointed as 1/5

dealer/distributor of Air-Conditioners of Panasonic company and on that pretext duped him to the tune of Rs.85 lakhs. 5.

The wife of applicant has fled the Undertaking. For ease of reference same is scanned and reproduced below: 2/5

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6.

The applicant is in jail for about six months. There are no other criminal antecedents. Considering the overall facts and circumstances of the case and in view of the undertaking fled by the wife of the applicant, I am inclined to release the applicant on bail. In the result, the following order is passed.

O R D E R

A] Bail Application is allowed.

B] The applicant be released on bail in C.R. No. 144 of 2020 registered at Kharghar Police Station, Navi Mumbai for the ofence punishable under Section 420 read with 34 of the Indian Penal Code on furnishing P.R Bond in the sum of Rs.25,000/- (Rupees Twenty Five Thousand) with one or two sureties in the like amount.

C] The amount mentioned in the Undertaking shall be deposited before the trial Court. In case of breach of undertaking, the intervenor/complainant is at liberty to fle an application for cancellation of bail.

7.

The Interim Application for intervention does not survive and the same is disposed of.

[N.R.BORKAR, J.] 5/5