Lalit Juharmalji Soni v. State Of Maharashtra

2023:BHC-AS:38435

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO.3702 OF 2023 LALIT JUHARMALJI SONI ..APPLICANT VS.

THE STATE OF MAHARASHTRA ..RESPONDENT ------------ Adv. Sushil Upadhyay for the applicant.

Ms. Rutuja Ambekar, APP for the State.

------------ CORAM : M. S. KARNIK, J.

DATE : DECEMBER 19, 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 420, 406 and 409 of the Indian Penal Code registered on 12/05/2023 vide C.R. No.187 of 2023 with Boisar Police Station.

3.

The applicant was arrested on 12/05/2023. The applicant was working in a jewellery shop. The victims approached the applicant to make new gold jewellery. The applicant then refused to return jewellery as promised. 4.

The application is opposed by the learned APP. It is 1/4

pointed out that several victims have been cheated. 5.

The amount involved in the present case is Rs.32,90,414/-. The investigation is complete and the charge-sheet has been filed. The applicant has voluntarily filed the affidavit stating in paragraph No. 3 that without prejudice to the applicant's rights and contentions, the applicant is willing to deposit Rs.32,90,414/- before this Court within the period of 3 months from the date of his release from jail. The statements made in the affidavit have been accepted as an undertaking to this Court. In view of such a voluntary statement made and in the facts and circumstances of the case, I am inclined to enlarge the applicant on bail. Hence, the following order :-

O R D E R

(a) The application is allowed.

(b) The applicant- Lalit Juharmalji Soni in connection with C.R. No. 187 of 2023 registered with Boisar Police Station 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 is permitted to furnish cash bail surety in the sum of Rs. 25,000/- for a period of 6 weeks in lieu of 2/4

surety.

(d) For the period of three months from January 2024, the applicant shall attend the Investigating Officer of Boisar police station once a month, every first Monday of the month between 11.00 a.m. and 1.00 p.m. and thereafter, once in three months, every first Monday of the concerned month, between 11.00 a.m. and 1.00 p.m.

(e) 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 Officer. The applicant shall not tamper with evidence.

(f) On being released on bail, the applicant shall furnish his contact number and residential address to the Investigating Officer and shall keep him updated, in case there is any change.

(g) The applicant shall attend the trial regularly. The applicant shall co-operate with the trial Court and shall not seek unnecessary adjournments.

(h) The applicant shall abide by the undertaking given to this Court. If applicant fails to honour the undertaking, consequences of cancellation of bail will follow. (i) Upon deposit of the amount of Rs.32,90,414/- the same shall be transferred to the trial Court. The deposit shall abide by the orders of the trial Court. 3/4

6.

The application is disposed of.

(M. S. KARNIK, J.) 4/4