Bombay High Court
Deelip Madhavrao Agrharkar vs The State Of Maharashtra And ... on 16 March, 2023
Bench: S. G. Mehare
910-ba-189-2023.odt
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
BAIL APPLICATION NO.189 OF 2023
WITH APPLN/858/2023 IN BA/189/2023
BHAGWAT YASHWANT CHAVAN
VERSUS
THE STATE OF MAHARASHTRA
...
Advocate for Applicant : Mr. Salunke Sudarshan J
APP for Respondent/State : Mr. S.B. Narwade
Advocate for Complainant/Assist to P.P. : Mr. K.P. Rodge
...
CORAM : S.G. MEHARE, J.
DATED : MARCH 16, 2023
PER COURT:-
1. Heard the learned counsels for the applicant, APP for the
State and the complainant.
2. The prosecution has a case that under the promise of
getting loan to the deceased, the applicant extracted Rs.68 lacs from
him. He also forged the document under the name of RBI. However,
he did not get the loan. The applicant cheated the deceased. He
could not tolerate the shock; hence, he committed suicide leaving
suicide note. After his arrest, two cars worth Rs.27 lacs have been
recovered. The applicant is in jail.
3. Learned counsel for the applicant would argue that by no
stretch of imagination, the offence under Section 306 of the Indian
Penal Code is made out. The deceased was in heavy debt to many
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people. He did over trading in his construction business. The
applicant never cheated him nor forged the document as alleged.
Nothing remained to be recovered from the applicant. Hence, he may
be granted bail.
4. Learned APP and learned counsel for the complainant
vehemently opposed the application. They would argue that the
applicant has a habit to dupe the people. During the course of
investigation, one another person came forward, whom he has duped
for Rs.12 lacs. However, he has returned him Rs.5 lacs and Rs.7 lacs
are to be recovered. The applicant had abetted the deceased to
commit suicide. He has systematically duped the deceased under the
false promise to get the loan. Forging the document in the name of
RBI is a serious offence. Due to the acts of the applicant, the family of
the deceased came on the road. The remaining amount is yet to be
recovered. Considering the gravity of the offence, he may not be
granted bail.
5. In reply, learned counsel for the applicant would submit
that to ensure the bonafide, the applicant is ready to deposit Rs.25
lacs within two weeks subject to the judgment of the trial.
6. Perused the papers. The allegations reveals that the
deceased and applicant had money transactions. The applicant did
not performed his role getting the loan for the deceased, nor he
returned the amount received from the deceased. Whether such an
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act of abetment to commit suicide, is a matter of trial. The property
worth Rs.27 lacs has already been seized. It may be disposed of
according to the law. The material investigation has been completed.
The applicant is having roots in Aurangabad. He has also business
there. He has given bonafide offer. In the facts and circumstances of
the case, the detention of the applicant would serve no purpose.
Hence, the following order :
ORDER
(i) Bail Application is allowed.
(ii) The applicant, Bhagwat Yashwant Chavan, be released on bail
on executing P.B. and S.B. of Rs.1,00,000/- (Rupees One Lac) with
one or two solvent sureties of Rs.50,000/- each in the like amount in
connection with Crime No.245 of 2022, registered with Jawaharnagar
Police Station, District Aurangabad for the offence punishable under
Section 306, 420, 465, 467, 468, 471 and 474 of the Indian Penal
Code, on the conditions that he shall not tamper with the prosecution
witnesses.
(iii) The applicant shall deposit Rs.25 lacs within two weeks from
today with the trial Court with a right to the complainant to withdraw
the said amount on furnishing undertaking to redeposit the amount in
the trial Court, subject to the decision taken by the trial Court.
(iv) If he would not comply with this condition, the bail would
automatically stand cancelled.
910-ba-189-2023.odt
(v) The applicant shall attend the trial on each effective date.
(vi) The applicant shall not involve in similar offence.
(vii) Criminal Application No.858 of 2023 stands disposed of.
(S.G. MEHARE, J.)
Mujaheed//
