Case Note & Summary
The judgment involves two criminal applications filed against an order granting anticipatory bail to Naresh Patil. The State of Maharashtra and the complainant Shivhar Swami challenged the order dated 24.2.2014 passed by the learned Ad hoc Additional Sessions Judge, Latur, in Criminal Miscellaneous Application No. 73 of 2014. The respondent Naresh Patil was granted anticipatory bail for offences under Sections 420, 467, 468, 471, 201 of the Indian Penal Code. The court noted that both applications questioned the correctness of the same order and disposed them by a common order. The court heard the parties and considered the allegations. The court found that the allegations did not make out a prima facie case of cheating or forgery against the accused. The court held that the trial court's order granting anticipatory bail was correct and did not require interference. The court dismissed both applications, upholding the anticipatory bail granted to Naresh Patil.
Headnote
A) Criminal Procedure Code, 1973 - Section 438 - Anticipatory Bail - Prima Facie Case - The court considered whether the trial court erred in granting anticipatory bail. Held that the trial court's order was correct as the allegations did not make out a prima facie case of cheating or forgery against the accused. The court found no reason to interfere with the order granting anticipatory bail. (Paras 1-5)
B) Indian Penal Code, 1860 - Sections 420, 467, 468, 471, 201 - Cheating and Forgery - Criminal Intent - The court examined the ingredients of the offences and found that the complainant's allegations lacked evidence of deception or dishonest intention. Held that the accused was entitled to anticipatory bail as no prima facie case was established. (Paras 2-4)
Issue of Consideration
Whether the learned trial court was correct in granting anticipatory bail to the respondent/accused for offences punishable under Sections 420, 467, 468, 471, 201 of the Indian Penal Code, 1860.
Final Decision
Both criminal applications are dismissed. The order granting anticipatory bail to Naresh Patil is upheld.
Law Points
- Anticipatory bail
- Prima facie case
- Criminal intent
- Deception
- Cheating
- Forgery
- Indian Penal Code
Case Details
2015 LawText (BOM) (02) 186
Criminal Application No. 2566 of 2014 and Criminal Application No. 4430 of 2014
Smt. P.J.Bharad (A.P.P. for State), Shri R.S.Deshmukh (for respondent), Shri B.R.Kedar (for applicant in CRAP4430.14)
State of Maharashtra (in CRAP2566.14) and Shivhar Manmath Swami (in CRAP4430.14)
Naresh Rajeshwarrao Patil
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Nature of Litigation
Criminal applications challenging the grant of anticipatory bail.
Remedy Sought
The State and the complainant sought cancellation or setting aside of the anticipatory bail granted to the respondent.
Filing Reason
The applicants believed that the trial court erred in granting anticipatory bail to the respondent for offences under Sections 420, 467, 468, 471, 201 of the Indian Penal Code.
Previous Decisions
The learned Ad hoc Additional Sessions Judge, Latur, granted anticipatory bail to Naresh Patil vide order dated 24.2.2014 in Criminal Miscellaneous Application No. 73 of 2014.
Issues
Whether the trial court's order granting anticipatory bail was correct and should be upheld.
Submissions/Arguments
The State and the complainant argued that the trial court erred in granting anticipatory bail.
The respondent argued that the allegations did not make out a prima facie case and the bail was correctly granted.
Ratio Decidendi
The court held that the allegations did not make out a prima facie case of cheating or forgery against the accused, and therefore the trial court's order granting anticipatory bail was correct and did not require interference.
Judgment Excerpts
These two applications can be disposed of by this common order, since both are questioning the correctness of the order, passed by the learned Ad hoc Additional Sessions Judge, Latur, dated 24.2.2014 in Criminal Miscellaneous Application No. 73 of 2014, by which anticipatory bail was granted by the learned trial court in favour of Naresh Patil for the offence punishable under Section 420, 467, 468, 471, 201 of the Indian Penal Code.
Procedural History
The trial court granted anticipatory bail to Naresh Patil on 24.2.2014. The State filed Criminal Application No. 2566 of 2014 and the complainant filed Criminal Application No. 4430 of 2014 challenging that order. Both applications were heard together and disposed of by this common order on 25.3.2015.
Acts & Sections
- Indian Penal Code, 1860: 420, 467, 468, 471, 201
