CNR MHNS010036092020
Order below Exh.1
in Cri. Bail Application No.1278/2020.
{ Komal Sanjay Pawar + 1 Vs. State }
This is an application under section 439 of the Criminal
Procedure Code for grant of bail pending trial.
2.
Brief facts giving rise to this application can be narrated
as follows.
The applicant Nos.1 and 2/accused came to be arrested
on 11.09.2020 in Crime No.293/2020 for the offence punishable
under section 420 r/w 34 of the Indian Penal Code registered with
Mumbai Naka Police Station, Nashik on the accusation that
applicants/accused and coaccused fraudulently or with dishonest
intention deceived the informant and other witnesses to deliver the
property i.e. cash amount to them in order to obtain loan and thereby
cheated the informant and others.
3.
The applicants contend that they have not committed any
offence as alleged by the prosecution. There is nothing on record to
show their involvement in the commission of offence. Neither they
are founder or director of that finance company nor they have
received any amount from these alleged transactions. The applicants
were working in the office of accused. They are behind bars from the
date of their arrest. Nothing is to be recovered or discovered from
them.
Therefore, their further detention is not necessary for the
purpose of investigation. They are having permanent place of abode
and roots in the society. They are ready to furnish the surety to the
satisfaction of this Court and also ready to abide by the conditions, if
any, imposed by this Court. On these lines, they have prayed for bail
..2..
pending trial.
4.
The respondent State filed its reply and interalia denied
all the adverse allegations made by the applicants and reiterated
prosecution case. There is primafacie sufficient material on record to
show the involvement of the applicants in the commission of the
offence. Accused Ragini was using two names, the reason best known
to her. Coaccused are yet to be arrested. The investigation is in
progress. If the accused are released on bail, they may abscond. On
these lines, respondent State has prayed for rejection of the bail
petition.
5.
Heard the learned advocate Mr. S.R. Inamdar appearing
on behalf of the applicant and the learned A.P.P. Smt. Patil. I have
also gone through the investigation papers made available by
Investigating Officer. The papers show that nothing is recovered or
discovered at the instance of applicantsaccused. There is no reason
to believe that they have committed an offence punishable with death
or life imprisonment. The applicants are behind the bars from the
date of their arrest.
They are ready to cooperate in further
investigation and to furnish sufficient surety. They are also ready to
abide by the conditions, if any, imposed by this court. Moreover, the
offence is triable by the Court of Judicial Magistrate F.C. for which
prescribed punishment is up to seven years. The accused have no
criminal antecedent. No useful purpose will suffice by keeping them
behind bar till filing of the chargesheet or conclusion of the trial,
when they are ready to furnish surety and ready abide by the
conditions. Considering the aforesaid facts, I am of the opinion that
the applicants have made out case for grant of bail on certain terms
and conditions. With this, I proceed to pass the following order.
Cri. Bail Application No.1278/2020.
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ORDER
1
Application is hereby allowed.
2
Applicant Nos.1Komal Sanjay Pawar and 2Ragini Santosh
Palkar be enlarged on bail, in Crime No.293/2020 for the
offence punishable under sections 420 r/w 34 of the Indian
Penal Code registered with Mumbai Naka Police Station,
Nashik, on furnishing personal bond of Rs.15,000/ each
with surety in like amount.
3
They shall not directly or indirectly make any inducement,
threat or promise to any person acquainted with the facts of
the case so as dissuade them for disclosing such facts to the
Court or to any police officer.
4
They shall not commit similar or any other offence and
misuse the liberty granted by this Court.
5
They shall attend the concerned police station whenever
called by Investigating Officer in writing and cooperate in
further investigation.
6
They shall furnish their address proof, identification proof
and mobile number, if any, and shall not change their
residential address without informing Investigating Officer.
Seema
Chandrakant
Jadhav
01 October, 2020.
st
Digitally signed by
Seema Chandrakant
Jadhav
Date: 2020.10.01
13:49:33 +0530
( Smt. S.C. Jadhav )
Additional Sessions Judge8,
Nashik.