Cri.Appln.5367/2012 v. The State of Maharashtra
Case at a glance
Outcome
Bail granted
The applicant be released on bail in Crime No
Provisions considered
- Indian Penal Code, 1860 s. 406
Key paragraphs
- Para 1010. In the above terms, the present application is disposed of. ( M.T. JOSHI, J. ) (vvr/5367.12criappln)
Judgment
filing of the first information report. The allegations are that the present applicant always used to purchase in wholesale the farmers’ vegetables since last 4 to 5 years. The farmers are from village Samnapur and Sukewadi. Now, however, between August 2012 and October 2012, he has purchased on credit 31 trucks of vegetables of value of Rs.31 lakhs. He had paid only Rs. 16,63,000/- and Rs.14,37,000/- remained due. As and when the 2 Cri. Appln.5367/2012 demand was made by the complainant as well as the farmers, the present applicant represented that he has sold the entire goods to one Vakil Qureshi of Delhi, whose entire address is given in the first information report. However, since the amount was not received from the said businessman, he was unable to pay the amount. In the circumstances, the first information report came to be lodged.
The learned Counsel for the applicant submits that the first information report itself would show that there may not be any criminal angle in the entire transaction. The investigation is complete and, therefore, the applicant may be released on bail.
On the other hand the learned A.P.P. submits that since the present applicant has duped the poor farmers, this is not the fit case for releasing the applicant on bail.
As regards the balance of the money against the applicant, learned Counsel for the applicant submits that since the applicant was behind the bars, he was unable to recover any amount from Vakil Qureshi and to pay to the farmers.
Considering all these facts, in my view, instead of granting permanent bail to the applicant, he can be released temporarily 3 Cri. Appln.5367/2012 for a period of four months, so that certain recovery of the money of the farmers would be there. In the circumstances, the following order.
Operative part
The applicant be released on bail in Crime No.138/2012, registered at Sangamner Police Station, District Ahmednagar, for the offence punishable under Section 406 of the Indian Penal Code, upon his execution of P.R.Bond in the amount of Rs.40,000/- and also upon furnishing two sureties in the amount of Rs.20,000/- each, out of which one shall be local surety. The effect of the present order shall be for a period of four (4) months from the date of this order.
Fifteen days, prior to the expiry of effect of the present order, the applicant shall be at liberty to apply afresh, for releasing him on bail, which shall be decided on its own merit.
In the above terms, the present application is disposed of. ( M.T. JOSHI, J. ) (vvr/5367.12criappln)
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: The applicant be released on bail in Crime No
Which statutory provisions did this judgment involve?
Indian Penal Code, 1860 — s. 406.
Which court decided this case, and when?
Bombay High Court, on 21 Dec 2012. The bench was M T JOSHI.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.