Sopan Ramesh Lanjekar v. State Of Maharashtra
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 2545 OF 2022 Sopan Ramesh Lanjekar ..Applicant.
v/s.
State of Maharashtra at the instance of Sr.P.I.
M.H.B.Colony P.Stn., Mumbai.
..Respondents Ms. Deepali Bagla for the Appellant/Applicant. Mr. fN.B.Patil for the Respondent.
CORAM : ANUJA PRABHUDESSAI, J.
DATED : 20th SEPTEMBER, 2022.
P.C.
1.
This application under Section 439 of Cr.P.C. is filed by the aforesaid Applicant who is accused in C.C.No. 121 of 2021 pending on the file of Metropolitan Magistrate's 68th Court, Borivali, Mumbai. 2.
Heard learned Counsel for the Applicant and the learned APP for the State. I have perused the records and considered the submissions advanced by the learned Counsel for the respective parties. 3.
Pursuant to the FIR lodged by one Navnath Vaykar, Crime No.311 of 2019 came to be registered with M.H.B Colony Police Station for offences under Section 409, 420 r/w. 34 of Indian Penal Code. The Digitally signed by PRASANNA P SALGAONKAR Date:
2022.09.23 14:09:21 +0530 PRASANNA P SALGAONKAR
Complainant has alleged that Life Line Info Care Company, was engaged in providing agricultural loan, home loan, business loans and project loans etc, had issued an advertisement for the post of Sales Representatives. The Complainant was unemployed and he contacted on the contact number mentioned in the advertisement of the company. He was called to Bombay Office and was appointed as Sales Representative on payment of salary of Rs.8500/- on a condition of getting 35 farmers for availing the loan. Accordingly, he convinced several farmers to avail loan from the Company. These farmers gave their pan card, Aadhar Card and other details and deposited some amount towards insurance. The said Company did not disburse any loan. The Complainant realized that he, as well as the farmers who had applied for loan were cheated. He therefore lodged a complaint, pursuant to which the aforesaid crime was registered.
4.
Learned APP states that the Applicant was the main accused and that the amount of almost Rs.34,00,000/- was deposited in his account. 5.
Learned Counsel for the Applicant submits that the Applicant was arrested on 8.11.2019 and is in custody till date. The maximum punishment in the crime is stated to be of 7 years. The Applicant is already in custody for over 2 and half years. The previous bail application being Cr.i. Bail Application No.691 of 2022 was withdrawn
by the Applicant in view of the statement made by the learned APP that atleast 10 to 12 witnesses would be examined and that the trial would be concluded within four months. It is stated that till date only one witness has been examined, and the second witness is under cross examiantion. There are several other witnesses whose evidence is not likely to be completed in the near future.
6.
Considering the above facts and circumstances, in my considered view, this is a fit case for releasing the Applicant on bail. Hence the application is allowed on the following terms and conditions:- i) The Applicant be released on provisional cash bail in the sum of Rs.50,000/- (Rupees fifty Thousand Only) for a period of one week;
iii) The Applicant shall within the said period of one week furnish Bail Bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one or two solvent sureties in the like amount, to the satisfaction of the Trial Court; iv) The Applicant shall attend the Trial Court on each and every date of hearing;
v) The Applicant shall not contact and or interfere with the witnesses, or tamper with the evidence in any manner; vi) The Applicant shall keep the trial Court informed of his current address and mobile/contact numbers and/or change of
residence or mobile details, if any, from time to time. vii) If there are two consecutive defaults in appearing before the trial Court, the learned Metropolitan Magistrate shall make a report to the High Court and the prosecution would be at liberty to file application seeking cancellation of bail. .
Application is accordingly disposed of.
(ANUJA PRABHUDESSAI, J.)