Cri Bail Appln. No.1305 of 2022 (Or. Exh.1)
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IN THE COURT OF ADDITIONAL SESSIONS JUDGE, NASHIK,
AT – NASHIK.
(Presided over by Mr. M. H. Shaikh)
Criminal Bail Application No.1305 of 2022
CNR NO.MHNS010055072022
Sameer Dhanwant Mehta
Age : 40 years, Occu.: Business
R/o : H.M.S. International,
Plot No.861, klJai Jalaram Complex
At­post : Pimpalas, Ta. Bhivandi,
Dist. Thane.

… Applicant/Accused.

V/S
State of Maharashtra
Through – Kalwan Police Station
(C. R. No. I­151/2022)
… Respondent/State.

Appearance : Ld. Adv. Shri. Sagar D. Walzade for Applicant/Accused.
Ld. A.P.P. Shri. Sachin Gorwadkar for Respondent/State.
Shri. B. D. Patole, PSI (I.O.) present.
ORDER BELOW EXH. NO.1
(Delivered on 04th November, 2022)
1.

This is an application under Section 438 of Criminal
Procedure Code for grant of pre­arrest bail in C. R. No. I­151/2022
registered with the respondent Kalwan Police Station for an offence
punishable under Sections 409, 418, 420, 464, 467 and 468 r/w 34 of the
Indian Penal Code.
2.

Read the application and the say filed by the respondent vide
Cri Bail Appln. No.1305 of 2022 (Or. Exh.1)
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Exh.6. Heard Ld. Advocate for the applicant, Ld. A.P.P. for the State and so
also the I.O., who is present in Court.
3.

Crime stood registered on the direction of the Ld. J.M.F.C.,
Kalwan in a private complaint filed by the complainant. It is the case of the
prosecution that complainant was desirous of purchasing excavator and
accordingly paid an amount of Rs.18,77,000/­ and obtained the loan from
accused No.2 Bank. The applicant despite receipt of the amount from the
complainant failed to hand­over the excavator in time. As the applicant did
not hand­over the excavator, therefore the complainant was cheated by the
applicant. Accused No.2 Bank also started the EMI before the complainant
could get the custody of the excavator.
4.

It is the case of the applicant that, he is falsely implicated in
this case. Transaction between the parties is of Civil nature. The applicant
repaid the amount taken from the complainant. The investigation is based
on documentary evidence. Therefore, custodial interrogation of the
applicant is not necessary. Nothing is to be recovered or discovered at his
instance. Ready to abide by the terms and conditions likely to be impose by
the Court. Therefore, prayed to allow the application.
5.

Respondent filed their say vide Exh.6 and objected on the
grounds that amount of Rs.18,77,000/­ is required to be seized. So also the
false documents prepared by the applicant is required to be seized.
Custodial interrogation of applicant is necessary. Therefore, prayed to reject
the application.
6.

Upon hearing and going through the documents on record,
this Court finds that there was a transaction of purchase of Excavator and
Cri Bail Appln. No.1305 of 2022 (Or. Exh.1)
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part payment was made by the complainant, but it seems that some dispute
arose and therefore the applicant repaid the amount, which he had taken,
but still it seems that there is some dispute. Prima­facie the dispute between
the parties seems to be of Civil nature. The pre­requisite of cheating is
intension, which prima­facie is not seen in the case in hand. The applicant
has repaid the amount which he had taken and it is evident from the extract
of account filed on record. Custodial interrogation of the applicant is not
necessary. By imposing certain conditions, the application can be allowed
and the interim protection granted by this Court vide Exh.4 can be made
absolute. Hence, the order.
ORDER
1.

Criminal Bail Application No.1305 of 2022 is allowed.

2.

In the event of arrest, Applicant Sameer Dhanwant Mehta be
released on interim bail on his executing a personal bond of
Rs.15,000/­ with solvent surety in like amount to the satisfaction of
the I.O in connection C.R. No.151 of 2022 registered with
Respondent/Kalwan Police Station under Sections 409, 418, 420,
464, 467 and 468 r/w 34 of the Indian Penal Code.

3.

Applicant to remain present before the I.O. at respondent Kalwan
Police Station on 07.11.2022, 09.11.2022 and 11.11.2022 between
11.00 a.m. to 01.00 p.m. and co­operate the I.O. in the investigation.

4.

Applicant not to tamper with the prosecution evidence.

5.

In the above terms, the Criminal Bail Application No.1305 of 2022
stands disposed off accordingly.
MUSHTAQUE
HUSSAIN
SHAIKH
Place : Nashik.
Date : 04/11/2022
Digitally signed by
MUSHTAQUE
HUSSAIN SHAIKH
Date: 2022.11.04
16:24:49 +0530
(M. H. Shaikh)
Additional Sessions Judge, Nashik.