CNR MHNS010036102020
Order below Exh.1
in Cri. Bail Application No.1279/2020.
{ Harshal Ramesh Sangale Vs. State }
This is an application under section 439 of the Criminal
Procedure Code for grant of bail pending trial.
2.

Brief facts giving rise to this application can be narrated
as follows.
The
applicant­accused
came
to
be
arrested
on
10.09.2020 in Crime No.293/2020 for the offence punishable under
section 420 r/w 34 of the Indian Penal Code registered with Mumbai
Naka Police Station, Nashik on the accusation that applicant/accused
and co­accused fraudulently or with dishonest intention deceived the
informant and other witnesses to deliver the property i.e. cash
amount to him in order to obtain loan and thereby cheated the
informant and others.

3.

The applicant contends that he has not committed any
offence as alleged by the prosecution. There is nothing on record to
show his involvement in the commission of offence. Neither he is
founder or director of that finance company nor he has received any
amount from these alleged transactions. He is behind bars from the
date of his arrest. Nothing is to be recovered or discovered from him.
Therefore, his further detention is not necessary for the purpose of
investigation. He is having permanent place of abode and roots in
the society. He is ready to furnish the surety to the satisfaction of
this Court and also ready to abide by the conditions, if any, imposed
by this Court. On these lines, he has prayed for bail pending trial.

..2..

4.

The respondent State filed its reply and inter­alia denied
all the adverse allegations made by the applicant and reiterated
prosecution case. There is prima­facie sufficient material on record to
show the involvement of the applicant in the commission of the
offence. Accused/applicant was using two names, the reason best
known to him. Co­accused are yet to be arrested. The investigation
is in progress. If the accused is released on bail, he may abscond. On
these lines, respondent State has prayed for rejection of the bail
petition.

5.

Heard the learned advocate Mr. S.R. Inamdar appearing
on behalf of the applicant and the learned A.P.P. Smt. Patil. I have
also gone through the investigation papers made available by
Investigating Officer. The papers show that nothing is recovered or
discovered at the instance of applicant­accused. There is no reason to
believe that he has committed an offence punishable with death or
life imprisonment. The role attributed to the applicant/accused is
only that his mobile handset was used by the co­accused in the crime.
The applicant is behind the bars from the date of his arrest. He is
ready to co­operate in further investigation and to furnish sufficient
surety. He is also ready to abide by the conditions, if any, imposed by
this court. Moreover, the offence is triable by the Court of Judicial
Magistrate F.C. for which prescribed punishment is up to seven years.
The accused has no criminal antecedent.

No useful purpose will
suffice by keeping him behind bar till filing of the charge­sheet or
conclusion of the trial, when he is ready to furnish surety and ready
abide by the conditions. Considering the aforesaid facts, I am of the
opinion that the applicant has made out case for grant of bail on
certain terms and conditions.
following order.

With this, I proceed to pass the
Cri. Bail Application No.1279/2020.
..3..

ORDER
1
Application is hereby allowed.

2
Applicant­ Harshal Ramesh Sangale be enlarged on bail, in
Crime No.293/2020 for the offence punishable under
sections 420 r/w 34 of the Indian Penal Code registered with
Mumbai Naka Police Station, Nashik, on furnishing personal
bond of Rs.15,000/­ with surety in like amount.

3
He shall not directly or indirectly make any inducement,
threat or promise to any person acquainted with the facts of
the case so as dissuade them for disclosing such facts to the
Court or to any police officer.

4
He shall not commit similar or any other offence and misuse
the liberty granted by this Court.

5
He shall attend the concerned police station on 2 nd and 4th
Saturday in between 10 a.m. to 01 p.m. till filing of the
charge­sheet and co­operate in further investigation.

6
He shall furnish his address proof, identification proof and
mobile number, if any, and shall not change his residential
address without informing Investigating Officer.
Digitally signed by Seema
Seema
Chandrakant Jadhav
Chandrakant Date: 2020.10.01
13:50:01 +0530
Jadhav
( Smt. S.C. Jadhav )
st
01 October, 2020.
Additional Sessions Judge­8,
Nashik.