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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
AMIT BORKAR
Dhawal Kiran Shah – Appellant
Versus
State of Maharashtra – Respondent
JUDGMENT :
AMIT BORKAR, J.
1. By the present application filed under Section 439 of the Code of Criminal Procedure, 1973 ("Cr.P.C."), the applicant seeks regular bail in connection with Crime Register No.801 of 2023, registered at Park Site Police Station, Mumbai, for offences punishable under Sections 406 , 419, 420, 465, 468 and 471 read with Section 23 of the INDIAN PENAL CODE , 1860 ("IPC").
2. As per the prosecution’s case, one Nimesh Balvantrai Dani lodged a complaint alleging cheating and misappropriation against the present applicant and co-accused persons. The complainant claims to be the owner of Pinocol Source LLP. According to him, one Atul Modi, associated with his firm, met Vaishali Manjrekar, who introduced herself as Superintendent of Kendriya Bhandar, Goa, in January 2023. She was accompanied by Abhishek Dani, the complainant’s son. It is stated that Vaishali showed them some authorization documents and expressed the requirement of various stationery items for Kendriya Bhandar, Goa. She further informed that a work order would be issued and the said items had to be delivered to Altinho, Panaji, Goa within 20–25 days.
3. The complainant claims to have verified the name
Economic offences with multiple victims, involving forging documents and impersonation, warrant strict scrutiny to prevent justice obstruction.
The main legal point established in the judgment is that the grant of bail is the rule and refusal is the exception, and the gravity of the offence is an aspect to be kept in view by the Court. The c....
Petitioner’s role in alleged offence, fact that till date no amount has been recovered from petitioner and in case petitioner, at this stage, is enlarged on bail, he may tamper with prosecution evide....
The severity of economic offences, the need for a different approach in bail matters, and the larger interest of the public and State in such cases influenced the court's decision.
Economic offences require a cautious approach during bail considerations, balancing individual rights and public interest due to their profound impact.
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