Bombay High Court
Kirtilala Devnath Thakur vs The State Of Maharashtra on 11 March, 2020
Author: Prakash D. Naik
Bench: Prakash D. Naik
Sajakali Jamadar 1 of 3 1-ba-2710-19.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL BAIL APPLICATION NO. 2710 OF 2019
Kirtilala Devnath Thakur ...Applicant
Versus
The State of Maharashtra ...Respondent
.....
Mr. Abhay Bhoir, Advocate for the Applicant.
Mr. S. R. Agarkar, APP for the Respondent - State.
Mr. D. M. Thopate, P. I., Malad Police Station.
.....
CORAM : PRAKASH D. NAIK, J.
DATE : 11th MARCH, 2020
PC :
1. The applicant is seeking bail in connection with C.R. No. 75 of
2019 registered with Malad Police Station, Mumbai, for the alleged
offences punishable under Sections 419, 420, 465, 467, 468, 471,
120(B) of the Indian Penal Code and under Section 66 (C), (D) of
Information Technology Act.
2. The prosecution case is that the complainant - Subirkumar
Parui, a Senior Accountant at Ator Health Care Private Limited. The
company's account was hacked and an amount of Rs.49,40,000/-was
transferred from the company's account to the account of three
persons i.e. Sanjay, Darshana and Anilkumar. The said account of the
company was a Cash Credit account with the Indusind Bank. As the
company's director - Prashant Shah son's mobile number was
registered with the said bank, SMSs of the said transfers were
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Sajakali Jamadar 2 of 3 1-ba-2710-19.doc
received by him. The said amounts were transferred by R.T.G.S. and
I.M.P.S. on 30th January, 2019 and 31st January, 2019. Pursuant
thereto, the complainant lodged an FIR against unknown persons
for hacking company's account. During the course of investigation,
the applicant was arrested. As far as the amount of Rs.49,40,000/-,
transferred from the company's account is concerned, the applicant
is not the direct beneficiary. It appears that co-accused - Sanjay had
received Rs.17 lakhs, i.e. amount transferred from the company and
that the said co-accused - Sanjay had withdrawn Rs.17 lakhs from
his account and handed over a sum of Rs.12,67,000/- to the
Applicant.
3. Learned Counsel for the applicant submits that the applicant
has not received the amount directly from the company's account. He
submits that the applicant had no reason to believe that the amount
received by him was obtained by dubious means.
4. The co-accused Sadik has been granted bail by this Court vide
order dated 17th September, 2019 passed in Criminal Bail Application
No. 1996 of 2019. Considering the factual matrix of this case bail can
be granted to the applicant.
5. Hence, I pass the following order :
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Sajakali Jamadar 3 of 3 1-ba-2710-19.doc
ORDER
i) Bail Application No. 2710 of 2019 is allowed;
ii) The applicant is directed to be released on bail in connection with C.R. No. 75 of 2019 registered with Malad Police Station, Mumbai on furnishing P.R. bond in the sum of Rs. 50,000/- with one or more local sureties in the like amount;
iii) The Applicant shall attend the concerned Police Station, on the first Saturday of every month, between 10:00 a.m. to 11:00 a.m., till the conclusion of the trial;
iv) The Applicant shall not commit similar offence;
v) The Applicant shall not tamper with the evidence or attempt to influence/contact the complainant, witnesses or any person concerned with the case
vi) The Applicant shall co-operate in the conduct of the trial and shall attend the trial Court on every date of hearing, unless exempted by the trial Court;
vii) If there are 2 consecutive defaults either in attending the Police Station or in appearing before the trial Court or breach of any of the conditions as stated above, the prosecution will be at liberty to apply for cancellation of Applicant's bail.
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