Mahadev Dashrath Harale v. State Of Maharashtra
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.4415 OF 2024 Mahadev Dashrath Harale ...
Applicant V/s.
The State of Maharashtra ...
Respondent ------------------- Mr. Tushar Sonawane, for the applicant.
Ms. Priyanka Rane, APP, for the Respondent / State. --------------------
CORAM
:
ANIL S. KILOR, J.
Digitally signed by VARSHA DEEPAK GAIKWAD Date:
2024.12.19 15:28:28 +0530 VARSHA DEEPAK GAIKWAD DATE :
19TH DECEMBER, 2024.
PC:
1.
Heard.
2.
By this application under Section 439 of the Code of Criminal Procedure the applicant is seeking bail in Crime No.202 of 2022, registered with Indapur Police Station, Indapur Dist: Pune for the offences punishable under Sections 420, 403, 408, 409, 120(B) of the Indian Penal Code, Sections 5 and 6 of the Prize Chits and Money Circulation Schemes (Banning) Act, 1978 and Sections 21, 22, 23 and 25 of the Banning of Regulated Deposit Schemes Act, 2019. 3.
In this case, the allegations are of cheating and breach of trust are made against the applicant and the period of the alleged is offence from 01.01.2014 to 31.12.2019. Whereas, the complaint was
lodged on 20.01.2022 i.e. at much belated stage. 4.
In the present matter, since the chare-sheet has been filed after the investigation was completed and furthermore, considering the fact that the applicant is in jail from 29.01.2024, I am of the opinion that the applicant is entitled for grant of bail. Furthermore, since all the relevant documents have already been seized by the police, further custody of the applicant is not necessary.
5.
As far as the contention of the learned APP, that there is huge amount to be recovered, the Hon'ble Supreme Court of India time and again has observed that the Courts are not the recovery agent and not even the police. In that view of the matter, I do not find favour with the submission of the learned APP. Accordingly, I pass the following order:
ORDER
i) The Bail Application is allowed;
ii) It is directed that the applicant shall be released on bail with Indapur Police Station, Indapur Dist: Pune for the offences punishable under Sections 420, 403, 408, 409, 120(B) of the Indian Penal Code, Sections 5 and 6 of the Prize Chits and Money Circulation Schemes (Banning) Act, 1978 and Sections 21, 22, 23 and 25 of the Banning of Regulated Deposit Schemes Act, 2019, on furnishing P.R.Bond of Rupees Twenty-Five Thousand with one solvent surety in the like amount;
iii) The Applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case, as also not tamper with the evidence;
iv) Liberty is granted to the State to apply cancellation of bail if the applicant commits similar offence.; v) The Applicant shall attend the trial before the Trial Court regularly on every date unless exempted by the Trial Court for any reason.
Application stands disposed of, accordingly.
(ANIL S. KILOR, J)