Bombay High Court
Deepak Dnyandev Bhosale And Anr vs The State Of Maharashtra on 10 January, 2020
Author: Prakash D. Naik
Bench: Prakash D. Naik
Ganesh L. 1 of 6 BA-1659-2019.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL BAIL APPLICATION NO.1659 OF 2019
Deepak Dnyandev Bhosale & Anr. ...Applicants
V/s
The State of Maharashtra ...Respondent
------
Sumant Deshpande for the applicants.
Geeta P Mulekar APP for the State/Respondent.
(I.O.) - PSI - Mr. Eknath T. Bhoir, Economic Ofences Wing,
Nashik.
CORAM : PRAKASH D. NAIK, J.
DATE : 3rd JANUARY, 2020
PC :
1. The applicants were arrested in CR. No. I-22 of 2018,
registered with Dindori Police Station, District- Nashik for
the ofences punishable under Sections 420, 406, 407, 408,
409, 120(B) r/w. 34 of Indian Penal Code, 1860 ('IPC' for
short). The First Information Report ('FIR' for short) was
lodged on 19.01.2018. The investigation was transferred to
EOW, Nashik. Subsequently, Sections 465, 467, 468, 471
were added.
2. The prosecution case is that the FIR was lodged by
Rajendra Dashrath Kalamkar. He is a grape farmer. In
Corrected version of order dated 03.01.2020, pursuant to Speaking to Minutes order dated
10.01.2020
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2014, the applicants and Dyandeo Bhosale got acquainted
with the complainant. They represented that they are
exporting grapes through their frm D.P.S. Agro fresh and
D.P. Sales Corporation. They visited the grape farm of the
complainant at Mohadi. They also represented that they are
holding government license for import and export. The
complainant delivered grapes to the accused and in respect
of said delivery the complainant received Rs.24,08,439/- by
RTGS. Since the complainant received the payment,
immediately, he agreed to deliver the grapes from his
Mohadi farm to the accused. In 2014, the complainant had
delivered grapes worth Rs. 67,07,563.62/- to the accused.
The accused had issued cheques towards the delivery of
grapes. However, the cheques were dishonored. The
complainant thereafter learnt that the accused had
deceived other farmers and cases were registered against
them.
3. The applicants preferred an application for bail before
the Sessions Court which was rejected by order dated
27.03.2019.
4. Learned counsel for the applicants submitted that the
Corrected version of order dated 03.01.2020, pursuant to Speaking to Minutes order dated
10.01.2020
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dispute is purely of commercial nature. There is no element
of cheating. The ofences alleged in the FIR are not
attracted. There is delay in lodging FIR. The co-accused
Dnyandev has been granted bail by this Court vide order
dated 29.10.2018. Investigation is completed and charge-
sheet is fled.
5. Learned APP submitted that the applicants are
involved in CR. No. 66/2017, 22/2018 and CR No. 32/2018
and other cases. It is submitted that statement of several
witnesses were recorded which has supports the
prosecution's case. The delay in lodging FIR, is on account
of fact that the accused had initiated Arbitration
proceedings. Case was duped for huge amount. The co-
accused was granted bail on the ground that he was Senior
Citizen. The cumulative efect of all the cases registered
against the applicants are that the complainant/victims
were deceived of huge amount. It is also revealed in the
investigation that the applicants had prepared false PAN
cards.
6. The FIR was lodged on 19.01.2018. The transaction
between the applicant's frm and the complainant were
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10.01.2020
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executed in 2014. The FIR was lodged after the period of
four years. The investigation is completed and charge-
sheet is fled.
7. Learned counsel for the applicants has pointed out
letter dated 5.07.2018 address to Income Tax Department
by applicant no. 2 stating that the PAN card No.
BZCP85026K is issued at his address. The details on the
PAN Card Number mentioned is not his but his photo is
correct. The signature is not of the said applicant. He had
applied for PAN card with his details and proof and same is
issued to him. The correct details were mentioned in the
said letter. It was stated that to avoid future complications
and misuse of said PAN card, he had destroyed the original
Pan card and kept photo copy of the said PAN card, he
further stated that he had not utilized old PAN card for any
fnancial transactions nor misuse the same. The applicants
requested the Department to cancel the said PAN card.
8. I have perused the documents on record. The FIR was
lodged on 19.01.2018. The grapes were sold in 2014.
There is no explanation for lodging FIR, after period of about
4 years. The documents on record would indicate that
Corrected version of order dated 03.01.2020, pursuant to Speaking to Minutes order dated
10.01.2020
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there was issue rejection of produced. The co-accused
Dnyandev Bhosale (father of applicant) granted bail by this
Court. On perusal of the said order it can be seen that the
bail was granted on the merits of the case. It observed that
the FIR was lodged belatedly. It was observed that there is
dispute as regards to the liability of the applicants to pay
the amount. Under the circumstances, the record prima-
facie did not indicate that the applicant had intention to
cheat from inception. Investigation is completed and
charge-sheet is fled. The applicants are in custody from
date of arrest.
9. Apart from this application the applicants have
preferred Bail Application No. 1160/2019 in CR. No. 32/2018
registered with Pimpalgaon Police Station, Bail Application
No. 1299/2019 in CR. No. I-09/2018 registered with Ojhar
Police Station and Bail Application No. 2328/2019 registered
with Pimpalgaon Police Station. In all these cases FIR were
lodged belatedly. The prosecution is relying upon the other
complaint registered against the applicants. All the
complaint after enormous delay. The prosecution has fled
an afdavit stating that apart from the three other cases
referred to here-in-above, the applicants were also involved
Corrected version of order dated 03.01.2020, pursuant to Speaking to Minutes order dated
10.01.2020
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in CR. No. 57/2018, 13/2018 and CR. No. 121 of 2018. The
learned counsel for the applicants submitted that the
applicants are on bail in all other cases except the cases in
which the applicants have preferred an application for bail
before this Court.
10. Considering the aforesaid circumstances, the
applicants can be directed to be released on bail.
ORDER
(i) Bail Application No. 1659 of 2019, is allowed;
(ii) The applicants are directed to be released on bail in connection with C.R. No.I-22 of 2018, registered with Dindori Police Station, Nashik, on his furnishing P.R. Bond in the sum of Rs.25,000/-, each with one or more sureties in the like amount;
(iii) The applicant shall not tamper with the prosecution evidence and witnesses;
(iv) The applicants shall regularly attend trial court on every date of hearing, unless exempted by Court.
(iv) Bail Application stands disposed of accordingly.
(PRAKASH D. NAIK, J.) Corrected version of order dated 03.01.2020, pursuant to Speaking to Minutes order dated 10.01.2020 ::: Uploaded on - 14/01/2020 ::: Downloaded on - 08/06/2020 14:07:57 :::