Case Note & Summary
The applicant, Shreyas Prabhakar Rajapurkar, accused No.4, filed an application for bail in the High Court of Judicature at Bombay. The application was heard by Justice A.S. Oka. The applicant was represented by Mr. A.S. Khan & Associates with Mr. J.P. Shah and Mr. Manish Bohra, while the State was represented by Ms. Rajeshree Gadhvi, A.P.P. The learned Sessions Judge, Mumbai had previously allowed the bail application, but the applicant approached the High Court for confirmation or modification. The court considered the submissions and found that there was no prima facie evidence of conspiracy under Section 120B IPC against the applicant. Consequently, the court ordered that the applicant be enlarged on bail on a bond of Rs.50,000 with one surety. The judgment was pronounced on August 17, 2005.
Headnote
A) Criminal Law - Bail - Prima Facie Case - Section 120B, 420 IPC - Applicant accused No.4 sought bail in a case of cheating and conspiracy - Court held that there was no prima facie evidence of conspiracy against the applicant, and therefore, he was entitled to bail - Held that the applicant be enlarged on bail on a bond of Rs.50,000 with one surety (Paras 1-2).
Issue of Consideration
Whether the applicant, accused No.4, is entitled to bail in the absence of prima facie evidence of conspiracy under Section 120B IPC.
Final Decision
The application is allowed. The applicant is ordered to be enlarged on bail on a bond of Rs.50,000 with one surety.
Law Points
- Bail
- Prima Facie Case
- Conspiracy
- Section 120B IPC
- Section 420 IPC
