OMPRAKASH B SALECHA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The applicant came to be arrested on 8th November 1997 in connection with offence registered under C.R. No.42 of 1997 by G.B., C.B., C.I.D. for various offences of cheating, criminal breach of trust, forgery etc. The allegation is that the petitioner had opened the account in the name of Srinivas Subramaniam in the bank and facilitated encashment of Cashier's cheque in the sum of Rs.8 lakhs. So far as this petitioner is concerned, the charge as stated by the learned APP, is 420 IPC for cheating. He has been interrogated and in the interrogation he pointed out the person in whose name the bank account was opened. Initially the prosecuting agency doubted truthfulness of his statement as according to the prosecuting agency the said amount was not traceable. Now it is not disputed that the said person has been traced. The only difference is that though that is the very person whose Photograph tallies with the bank records, it bears the name Srinivas Pujari and not Subramaniam. The said person having been traced has been interrogated by the police, and this corroborates with the petitioner's statement that the bank account was opened in his name and that the amount was transferred in his name which was ultimately handed over to the main accused and the petitioner only deducted commission to the extent of Rs.16,000/-. The petitioner volunteers to deposit the amount of Rs.16,000/- in the lower court as it was argued on behalf of the prosecution that his custody is required for the recovery of Rs.16,000/-.

(2.) Hence this application is granted. The petitioner shall be released on bail in the sum of Rs.5,000/- on the condition that he shall report to the Police initially for the period of one week daily between 11 a.m. to 1 p.m. and thereafter if and when required on the further condition that he shall not threaten the witnesses in which case his bail shall be liable to be cancelled. The petitioner is given option to give cash bail in the sum of Rs.5,000/- for a period of one week during which period he shall be liable to produce surety. Advocate for the applicant, Mr.Sarogi states that the petitioner shall deposit a sum of Rs.16,000/- in the lower court within a period of one week.