Ashok Kumar S/O Kedar Pandit v. The State Of Maharashtra
2024:BHC-AS:38440
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.2489 OF 2024 Ashok Kumar Kedar Pandit ...
Applicant versus The State of Maharashtra ...
Respondent Mr. Shariq Nachan i/by Mr. Santosh Gupta for Applicant. Mr. H.J.Dedhia, APP for State.
CORAM: N.J.JAMADAR, J.
DATE :
26 SEPTEMBER 2024 P.C.
1.
Heard the learned Counsel for the parties.
2.
This application is preferred for anticipatory bail in C.R.No.12 of 2024 registered with Cyber Police Station for the offences punishable under Sections 120B, 419, 406, 420, 465, 467 and 471 read with Section 34 of the Indian Penal Code and Section 66(D) of the Information Technology Act, 2000.
3.
The indictment against the applicant and the co-accused is that the applicant is one of the 34 credit card holders, who have obtained credit reversals without entering into an international transaction. The Indusind Bank was thus defrauded to the tune fo Rs.4,47,31,100/-. 4.
Learned Counsel for the Applicant submitted that the applicant had obtained commercial reversal to the tune of Rs.33,27,281/-. Learned Counsel submitted that the demand notice was issued on 14 June 2024 wherein no SSP 1/3
allegations of fraud and cheating have been made. The applicant has been simply called upon to pay the outstanding amount. Learned Counsel for the Applicant further submitted that to show his bonafide the applicant is willing to deposit a sum of Rs.10 Lakhs with this Court. 5.
The question as to whether the applicant was a privy to the forgery of the documents and whether the applicant used the forged documents as genuine despite having known that the documents are forged, would warrant consideration.
6.
In view of the above, I deem it expedient to protect the liberty of the applicant and direct him to join in the investigation. 7.
Hence, the following order :
ORDER
(i) As undertaken, the applicant shall deposit a sum of Rs.10 Lakhs in this Court within a period of two weeks from today. (ii) In the event of the arrest of the Applicant - Ashok Kumar Kedar Pandit in connection with C.R.No.12 of 2024 registered with Cyber Police Station, he be released on bail on furnishing a PR bond in the sum of Rs.30,000/- with one or two sureties in the like amount. (iii) The Applicant shall co-operate with the investigation and report to Cyber Police Station, West Region on 3rd, 4th and 5th October 2024 in between 10.00 a.m. to 2.00 p.m., and thereafter, as and when directed. SSP 2/3
(iv) The Applicant shall not tamper with the prosecution evidence and/or give threat or inducement to the first informant or any of the prosecution witnesses or any of the persons acquainted with the facts of the case.
(v) Stand over to 16 October 2024.
( N.J.JAMADAR, J. ) SSP 3/3 Signed by: S.S.Phadke Designation: PS To Honourable Judge Date: 30/09/2024 09:49:24