Case Note & Summary
The applicants, Shri Dilip Kanal and another, filed a criminal application before the Bombay High Court seeking bail in connection with MECR No. 15 of 2009 registered for alleged offences punishable under sections 411, 406, 409, 416, 418, 420, 464, 467, 468, 471 and 120B of the Indian Penal Code (IPC). The case arose from a complaint filed by Nevada Properties Pvt. Ltd through its Director Aparna Verma on 20th August 2009 before the Addl. Chief Metropolitan Magistrate, 30th Court, Ballard Pier, Bombay, alleging forgery, fabrication, and cheating. The complainant sought an order for investigation under Section 156(3) of the Code of Criminal Procedure, 1973 (CrPC). On 21st August 2009, the learned Magistrate passed an order under Section 156(3) CrPC directing the Sr. Inspector, MRA Marg Police Station, Mumbai to investigate. Pursuant to this order, the police registered the FIR and commenced investigation. The applicants were arrested on 28th December 2009. Their bail application before the Addl. Chief Metropolitan Magistrate was rejected on 6th January 2010, and a subsequent application before the Sessions Court, Gr. Mumbai also failed. The applicants then approached the High Court. The court heard arguments from Mr. Pradhan for the applicants, Mr. Desai for the complainant, and the learned APP for the State. The court noted that the dispute appeared to be civil in nature and that no prima facie case for the alleged offences was made out. Consequently, the court granted bail to the applicants on certain conditions, including furnishing a personal bond and surety, and directing them to attend the investigating officer as required and not tamper with evidence.
Headnote
A) Criminal Law - Bail - Prima Facie Case - Sections 411, 406, 409, 416, 418, 420, 464, 467, 468, 471, 120B IPC - The applicants sought bail in a case involving allegations of forgery and cheating. The court held that the dispute was essentially civil in nature and no prima facie case for the alleged offences was made out. The applicants were granted bail on certain conditions. (Paras 1-6)
Issue of Consideration
Whether the applicants are entitled to bail in connection with an alleged offence of forgery, fabrication, and cheating under various sections of the IPC, given that the dispute appears to be civil in nature.
Final Decision
Bail granted to the applicants on furnishing a personal bond of Rs. 25,000/- each with one surety of the like amount. Applicants to attend the investigating officer as and when required and not tamper with evidence or influence witnesses.
Law Points
- Bail
- Prima Facie Case
- Civil Dispute
- Section 156(3) CrPC
- Forgery
- Cheating
