Mumbai, Maharashtra – A Sessions Court in Greater Mumbai has granted bail to Namdev Dattaram Maine, 36, who was arrested in a cheating case involving the alleged conversion of a gold chain into an ingot. The court’s decision, delivered by Additional Sessions Judge Deepak L. Bhagwat (C.R.60) on March 28, 2022, in Criminal Bail Application 667 of 2022, came after noting the recovery of the stolen property and the completion of the investigation.
The Allegations
The case, registered as Crime No. 699 of 2021 at Pant Nagar Police Station, accuses Maine under Section 420 of the Indian Penal Code (cheating and dishonestly inducing delivery of property).
According to the prosecution, on November 20, 2021, Maine allegedly misrepresented to the informant that he intended to replicate a golden chain exactly like hers. He purportedly induced her to hand over her chain for “perusal” but then failed to return it, taking it with him and thereby committing cheating.
Defense and Prosecution Arguments
Shri. Samadhan Sulane, the advocate for the applicant, argued that since the charge sheet had already been filed and the investigation was complete, Maine should be released on bail.
On the other hand, Smt. Seema Deshpande, the Additional Public Prosecutor for the State, contended that there was sufficient material to show Maine’s involvement in the cheating offense and requested the rejection of the bail application.
Court’s Rationale for Granting Bail
Judge Bhagwat carefully considered the arguments and the available evidence. The court noted a crucial development in the case: “It appears that the golden chain that was taken from the informant was converted in the form of golden ingot. The same golden ingot has been seized. Thus, the stolen property has been recovered.”
The judge further highlighted that the investigation had been completed, and the charge sheet had already been filed. Recognizing that the matter dated back to 2022, the court observed that “it is not likely that the trial will start in immediate future.” Detaining the accused indefinitely without the adjudication of a trial was deemed “not proper,” as it could amount to “pre-trial conviction.”
Considering that the offense is punishable with imprisonment extending up to seven years and is triable by a Metropolitan Magistrate, the court concluded that granting bail, subject to certain conditions, was appropriate.
Bail Conditions
The court allowed the bail application, ordering Namdev Dattaram Maine’s release on bail with the following conditions:
- Personal Bond and Sureties: Maine must execute a personal bond of ₹15,000/- and provide one or two solvent sureties of the same amount.
- Provisional Cash Security: He is permitted to furnish a provisional cash security of ₹15,000/- for a period of one month in lieu of the surety bond.
- Relative Information: He must submit a list of at least three blood relatives, including their detailed residential addresses, places of work (if any), and documentary proof verifying these details.
- Address Change Notification: Both the accused and his surety must inform the police authorities and the trial court of any change in their residential address while the accused is on bail.
- Documentary Proof of Identity/Residence: The accused must submit copies of at least two documents, such as Pan Card, Aadhaar card, Ration card, Electricity Bill, Voter ID card, or documents related to immovable properties owned by him.
- Verification of Address: After the submission of documents, the Investigating Officer must physically verify the residential address to confirm its correctness.
- No Tampering: The accused shall not induce, threaten, or dissuade any person acquainted with the facts of the case from disclosing information to the court or police, nor shall he tamper with evidence.
- Compliance Timeline: Conditions regarding the submission of documents (Nos. 4 to 7) must be complied with simultaneously with the furnishing of the cash security or the surety bond, whichever comes first.
- Bail before Magistrate: The bail formalities are to be completed before the Court of Metropolitan Magistrate.
The bail application stands allowed and disposed of accordingly.