Case Note & Summary
The petitioner, Sagar Maruti Suryawanshi, an advocate aged 46, filed a criminal writ petition under Section 439 of the Code of Criminal Procedure, 1973, seeking bail in connection with an FIR registered at Pimpri Police Station, Pune, for offences under Sections 406, 420, 465, 467, 468, 471, 120-B of the Indian Penal Code, 1860, and Section 66 of the Information Technology Act, 2000. The case was also investigated by the Economic Offence Wing, CID, Pune. The petitioner had been in custody since his arrest and was lodged at Mumbai Central Prison. The prosecution alleged that the petitioner, along with co-accused, cheated the complainant by inducing him to invest in a fake scheme and forged documents. The petitioner contended that he was falsely implicated, that the ingredients of criminal breach of trust were not made out as there was no entrustment of property, and that the trial would take a long time. The State opposed bail citing the gravity of the offence. The court, after hearing arguments, observed that the allegations primarily pertained to cheating and forgery, and the element of entrustment under Section 406 IPC was absent. The court also noted that the petitioner was a practicing advocate with no criminal antecedents and that the trial was unlikely to conclude soon. Accordingly, the court granted bail to the petitioner on certain conditions, including furnishing a personal bond and surety, and directing him not to tamper with evidence or influence witnesses.
Headnote
A) Criminal Law - Bail - Section 439 CrPC - Delay in Trial - Petitioner, an advocate, was arrested for alleged cheating and criminal breach of trust - Court held that the ingredients of Section 406 IPC were not prima facie made out as there was no entrustment of property - Further, the trial was likely to take time, and the petitioner had no criminal antecedents - Bail granted with conditions (Paras 5-10).
Issue of Consideration
Whether the petitioner, an advocate accused of cheating and criminal breach of trust, is entitled to bail under Section 439 of the Code of Criminal Procedure, 1973.
Final Decision
Bail granted to the petitioner on furnishing a personal bond of Rs. 25,000 with one surety of like amount, subject to conditions including not tampering with evidence, not leaving India without court permission, and attending trial regularly.
Law Points
- Bail under Section 439 CrPC
- Prima facie case for Section 406 IPC
- Delay in trial
- Conditions for bail
