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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD

BAIL APPLICATION NO.1491 OF 2021

1.

Dharmapal @ Sonu s/o Chhotelal Naik

2.

Sabsing s/o Nisa Naik

Applicants

Versus

The State of Maharashtra

Respondent

Mr. N.G. Kale, Advocate for the applicants.

Mr. V.S. Badakh, APP for respondent/State.

CORAM : M.G. Sewlikar, J.

DATE : 6^th JANUARY, 2022.

PER COURT :

1.

Heard.

2.

It is the case of the prosecution that informant is

running a jewellery shop. Applicants had approached him and he

lent them amount against gold twice. That amount was returned by

the applicants. In this manner, the applicants won the trust of the

informant. On 15^th October, 2021, at 11.00 am, applicants

approached the informant and demanded Rs. 1,00,000/- against

gold. Informant paid them the said amount. When the informant

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tested the gold, he found it to be spurious. Informant demanded the

amount back to the applicants but they refused and therefore,

informant has lodged the First Information Report on the basis of

which, offence under Sections 406, 420 read with Section 34 of the

Indian Penal Code came to be registered.

3.

Shri Kale, learned counsel for the applicants submits

that the applicants had pledged real gold. Informant wants to grab

the gold and, therefore, he has fled this false First Information

Report. He submits that he is ready to deposit amount of

Rs.1,00,000/-. He further submits that at the most offence under

Section 420 of the Indian Penal Code could be made out as there is

no entrustment.

4.

Learned APP Shri Badakh and learned counsel for the

applicant Shri Reddy submit that actually the amount lent was

Rs.7,00,000/-. However, while lodging First Information Report, the

word ‘seven’ was not typed. Handwritten complaint shows that

amount of Rs. 7,00,000/- was paid by the informant to the

applicants. They submit that the applicants won the trust of the

informant and cheated the informant for Rs. 7,00,000/-. They

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submit that there is prima facie case against the applicants and

therefore, they should not be released on bail.

5.

On perusal of First Information Report and charge-sheet,

it is seen that amount of Rs. 1,00,000/- is mentioned in the First

Information Report. In the online First Information Report also,

amount of Rs. Lac was mentioned. During trial only, it will be clear

whether amount of Rs. 7,00,000/- was paid or amount of

Rs.1,00,000/- was paid. At this stage, the amount mentioned in the

First Information Report will have to be accepted.

6.

Offence under Section 420 of the Indian Penal Code is

punishable with imprisonment for seven years. Charge-sheet is fled.

Presently, applicants are residing at Latur though they are from

Rajasthan. Learned counsel Shri Kale submits that any condition

can be imposed for releasing the applicants on bail. In view of this,

following order is passed :

ORDER

i)

Application is allowed.

ii)

Applicant No. 1 Dharmapal @ Sonu s/o

Chhotelal Naik and applicant No. 2 Sabsing s/o

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Nisa Naik be released on PR Bond of Rs.35,000/-

each (Rs. Thirty Five Thousand) with one solvent

surety in the like amount in connection with Crime

No. 0559/2021 registered with Gandhi Chowk

Police Station, District Latur for the offences

punishable under Sections 406, 420 read with

Section 34 of the Indian Penal Code, on condition

that they deposit amount of Rs. 1,00,000/- before

the concerned Chief Judicial Magistrate.

iii)

Applicants shall not leave the jurisdiction of

the Court without prior permission of the

concerned Court.

iv)

Each of the applicants shall deposit their

passport, if any, with the concerned police station.

v)

Each of the applicants shall give their mobile

numbers to the concerned police station. In case of

change in mobile number,