Amandeep Singh Dhami v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 2484 OF 2019 Amandeep Singh Dhami ...Applicant

Versus

The State of Maharashtra

...Respondent

.....

Mr. Satyam H. Nimbalkar a/w Shivprasad H. Salunke, Advocate for the Applicant.

Mr. H. J. Dedhia, APP for the State-Respondent. .....

CORAM : PRAKASH D. NAIK, J.

DATE : 28th November, 2019 PC :

1.

This is an application for Bail in connection with C.R. No. 14 of 2019, registered with Alankar Police Station, Pune for offences punishable under Sections 406 & 420 of Indian Penal Code and Section 66(C), and 66(D) of Information Technology Act. 2.

The applicant was arrested on 18th April, 2019. It is alleged that on 18th December, 2018, at about 10.30 pm. One unknown person hacked mail ID vmeher@fipa.com of Rioner meher who is director of German GMBH company. Email was received by complainants company mail ID for transfer of an amount of Rs. 23,93,942/- to the account of Aman and associates i.e. account of applicant for purchasing machinery from India. The said company was having transactions with the complainant and hence they did

not suspect any foul play and as per the request of amount was transferred. Another E-mail was received by the complainant purported to have been forwarded by the same company with a request to forward of an amount of Rs. 22,86,776/- The complainant suspected and made inquiries with the company from whom the alleged E-mail was received. It was revealed that the company had not forwarded such E-Mail. During the course of investigation it was revealed that the applicant was involved in the said crime. During the course of investigation Rs. 2,40,000/- was recovered from the possession of the applicant.

3.

Learned counsel for the applicant submitted that the applicant is in custody from the date of arrest. There are no criminal antecedents against him. The amount of Rs.2,40,000/- has been recovered from him. With great difficulty the applicants' family had made an arrangements to deposits Ten Lakhs. The affidavit affirmed by the brother of the applicant has been tendered, stating that amount of Rs.10 Lakhs would be deposited by the applicant. It is submitted that the Demand Draft of Rs.10 Lakhs issued on Kotak Mahindra Bank addressed to Senior Police Inspector, Alankar Police Station has been issued towards the deposit. Learned APP submitted that the Demand Draft be handed over to the Investigating Officer. Learned counsel for the applicant submitted that the Demand Draft

would be handed over to the Investigating Officer. The account number was provided by learned APP on instructions from the concerned Officer.

4.

The applicant is in custody since date of arrest. Undisputedly, there are no criminal antecedents against him. The offences are triable by magistrate. Investigation is completed and charge-sheet is filed. Hence, on certain terms condition Bail can be granted.

O R D E R

i) Bail Application No. 2484 of 2019 is allowed; ii) The applicant is directed to be released on bail in connection with C.R. No. 14 of 2019 registered with Alankar Police Station, Pune on furnishing P.R. bond in the sum of Rs. 25,000/- with one or more sureties in the like amount, out of which one surety should be local surety;

iii) The applicant shall report Alankar police station Pune once in a month on every first Saturday of month between 10.00 a.m. to 12.00 noon till further order;

iv) The applicant shall hand over the Demand Draft to investigating Officer within 2 days from date of uploading this order;

v) He shall furnish copy of Pan Card and Aadhar Card to the Investigating Officer.

(PRAKASH D. NAIK, J.)