HIRAL CHANDRAKANT JADHAV Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The Applicant is seeking anticipatory bail in connection with C.R.No.948/2023 dtd. 21/10/2023 registered at Dahisar Police Station, Mumbai under Ss. 420, 465, 467, 468, 471 of the IPC. Subsequently, Sec. 466 of IPC is added.

(2.) The offence is extremely serious. The Applicant is an Advocate. The first informant had approached her for preferring an application for bail for her husband, who was arrested by the Dahisar police in connection with their C.R. No.927/2021. The main offence was under Sec. 302 of IPC against the informant's husband. The present FIR mentions that the Applicant had assured the informant that she would get bail of her husband and for that purpose had asked Rs.65,000.00 as her fees. In August, 2022, the informant paid her Rs.65,000.00. After that on 11/8/2022, the Applicant preferred the bail application. On 28/10/2022 the Applicant called the informant telephonically and informed her that the informant's husband was granted bail by the Presiding Officer at Dindoshi Court for Rs.25,000.00. The first informant was told the name of the Presiding Officer. The Applicant called the informant to High Court for paying Rs.25,000.00. The informant and her relatives came to High Court. They gave Rs.25,000.00 to the Applicant. The Applicant handed over a sealed brown-paper envelope. The Applicant told them that the envelope contained bail order and a receipt for Rs.25,000.00. She told them to give that envelope to the officers of Thane Prison.

(3.) Immediately on 29/10/2022, at about 9.00 a.m., the informant and her relative went to Thane Prison and put that envelope in the box meant for depositing the bail orders. Till about 3.00 p.m. on that day, the informant did not get any information about her husband. Therefore, she made further enquiries. At that time, the officers from Thane Prison told her that the envelope did not contain the receipt for Rs.25,000.00and the documents were incomplete, therefore, her husband could not be released on bail. The documents were returned to her. The informant looked at those documents and found a copy of the order passed by the Presiding Officer i.e. the Additional Sessions Judge at Dindoshi; but the envelope did not contain the receipt for Rs.25,000.00. The informant contacted the Applicant but she gave evasive answers.