Uttam S/O Mohan Khandekar And Another v. The State Of Mha. Thr. Pso Ps Gramin Gondia Dist.Gondia
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (BA) NO.893 OF 2022 Uttam s/o Mohan Khandekar and another Versus State of Maharashtra, thr. PSO Gramin Police Station Gondia, Dist. Gondia.
Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Shri S.K.Bhandarkar, counsel for the applicants. Shri T.A.Mirza, A.P.P. for the non-applicant/State. CORAM : ANIL S. KILOR, J.
DATED : 19/08/2022 1.
The applicants are seeking bail in connection with Crime No. 428 of 2021, registered with Gramin Police Station Gondia, District Gondia, for the offences punishable under Sections 420, 465, 467, 468, 471, 504, 507 and read with Section 34 of the Indian Penal Code, 1860.
2.
The learned counsel for the applicants submits that, all other accused persons, except the applicants have been released on bail and as such they are claiming parity.
3.
It is submitted that, the applicants are in jail from last about one year and as the investigation is completed and the charge-sheet has been filed, further custody of the applicants is not necessary.
4.
He lastly argues that, the applicants have been falsely implicated in the alleged offence and as such he prays for grant of bail to the applicants.
5.
On the other hand, learned APP strongly opposed the present application and submits that the total amount involved in this offence is of Rs. 34 Lakhs and there are criminal antecedents of similar nature to the discredit of the applicants.
6.
It is submitted that, since the offence is serious, this Court may not grant bail to the applicants. 7.
I have perused the Charge-sheet and the FIR.
8.
In this case, the allegations are that the accused are the part of the gang and responsible for committing the offence of cheating, amounting to Rs. 34 Lakhs and thereby they exploited the seven unemployed youths.
9.
There are in all ten offences registered against the applicant No.1, out of which five offences are under Section 420 of the Indian Penal Code. It is thus clear that, there are antecedents against the applicant No.1 and there is every likelihood that if the applicant No.1 is released on bail, he may repeat the similar offence.
10.
As far as the applicant No.2 is concerned, she is a woman. Considering the material available on record and the period of her incarceration, I am of the opinion that, being a lady, the applicant No.2 should be released on bail.
11.
However, considering the incriminating material against the applicant No.1, who is the main accused, it can not be said that, his role is similarly circumstanced with the co-accused who have been released
on bail. In the circumstances, the applicant No.1 cannot claim parity in this case.
12.
In the above referred back-drop, I pass the following order:
a) The application qua the applicant No.1Uttam Mohan Khandekar, is hereby rejected. b) The application qua the applicant No.2- Riya Sudhir Sawant, is hereby allowed.
c) It is directed that in connection with Crime No. 428 of 2021, registered with Gramin Police Station Gondia, District Gondia, for the offences punishable under Sections 420, 465, 467, 468, 471, 504, 507 and read with Section 34 of the Indian Penal Code, 1860, the applicant No.2 shall be released on bail on furnishing P.R. Bond of Rs.25,000/- with one solvent surety in the like amount.
d) The applicant No.2 shall attend the concerned Police Station as and when her presence is required. e) The applicant No.2 shall not tamper with the prosecution witnesses.
The criminal application is disposed of, accordingly.
[ANIL S. KILOR, J.]