Mumbai, July 26, 2022 – Vinod Baban Dhotre, accused of cheating and criminal breach of trust, has been granted bail by Additional Judge S.M. Menjoge. The court cited the recovery of the vehicles involved and the magistrate-triable nature of the offense as reasons for granting bail.
Dhotre was arrested in connection with C.R. No. 527/2019 registered at Ghatkopar Police Station, Mumbai. He was charged under Sections 420 (cheating) and 406 (criminal breach of trust) read with 34 (acts done by several persons in furtherance of common intention) of the Indian Penal1 Code (IPC).
Prosecution’s Case:
The complainant alleged that Dhotre rented two cars from him under the pretext of paying Rs. 56,000 per month. After paying the initial amount, Dhotre stopped paying rent and became uncontactable. The cheques he issued later were dishonored. He also failed to return the cars.
Defense Arguments:
Advocate A.S. Dhotre, representing the accused, argued that his client was falsely implicated. He highlighted that both cars had been recovered from different locations, indicating that nothing further needed to be seized from the accused. He requested bail, stating that further detention was unnecessary.
Prosecution’s Stance:
APP Ashwini Raykar, representing the State, strongly opposed the bail application. She argued that the offense was serious, the investigation was ongoing, and the accused had a history of criminal antecedents with four offenses already registered against him. She also alleged that he had been hiding his identity and avoiding arrest in another case.
Court’s Observations and Decision:
Judge Menjoge, after reviewing the case diary and considering the arguments, noted the following key points:
- Recovery of Vehicles: Both cars had been recovered from Gujarat and handed over to the complainant.
- Magistrate-Triable Offense: The offense was triable by a magistrate.
- Detention Period: The accused was arrested on June 27, 2022.
“Vehicles are already recovered and handed over to the complainant. The offence is triable by Court of Magistrate. No purpose would be served by keeping the applicant behind the bar,” Judge Menjoge stated in his order.
Conditions of Bail:
Dhotre was granted bail on the following conditions:
- He must execute a Personal Recognizance (PR) Bond of Rs. 20,000 with one or two sureties of the like amount.
- He must not pressure prosecution witnesses.
- He must not commit any offenses while on bail.
- He must attend all court hearings unless exempted.
- He must furnish his correct address to the investigating officer.
- He was granted provisional cash bail of Rs. 20,000 for four weeks.
- Bail to be furnished before the magistrate.
Implications:
This decision highlights the court’s emphasis on the recovery of the property involved and the nature of the offense in granting bail. The court’s decision suggests that when the property has been recovered and the offense is magistrate-triable, the need for continued detention is diminished. However, the court did include conditions to avoid witness tampering, and to make sure the accused attends all future court dates.