Order Below Exh.1 in Cri.B.Appln.No. 588/2022
(CNR No. MHNS0100 23472022)
Suryajiraje Dipak Bhosale Vs. State.
Heard:
1.

Ld. Adv. Mr. H. S. Jadhav for the applicant.
Ld. A.P.P. Ms. R. Y. Jadhav for the State.
I. O. present.
Perused the say of the interventionist.

This is an application under section 438 of Code of
Criminal Procedure in Crime No.46/2022 registered at Dindori Police
station Dist. Nashik for the offence punishable under Sections 420,
120­B, 406 r./w. Sec. 34 of the Indian Penal Code, 1860. It is the
case of prosecution in brief that accused No. 1 to 5 are the
partners of one Padawa Agricultural Firm. Accused No. 6 is from
Niphad and is an intermediary who introduced A­1 to A­5 with
the prospective sellers of grapes to the above Firm. Accused No.
7 (now deceased and accused No. 8) were employees of the said
Firm. Accused No. 9 is the son of accused No. 7. At the material
time, accused No. 9 was staying in Europe and he helped the
said Firm in arranging for exporters of the grapes which were
purchased by the Firm from the farmers. At the time of the
transaction it was told to the farmers that accused No.
9/applicant is well­experienced in coordinating with grape
purchasers abroad. The complainant herein was duped to the
tune of ₹4,40,448/­.
2.

Ld. Adv. for the applicant has submitted that other
co­accused in other matters arising out of the same transaction
have been granted anticipatory bail. Therefore, his application
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Cri.B.A. 588/2022
Order Exh.1
should also be allowed on the ground of parity. The applicant
tried hard to ensure that the money is paid to the farmers,
however, the grapes were not found to be of good quality by the
purchasers. He has annexed copies of e­mails showing the said
correspondence between the purchasers and the Firm. Sec. 138,
N. I. Act proceedings are under way. Applicant is now in India
and is ready to co­operate with the investigating agency and is
ready to abide by the terms and conditions imposed by the
Court. His Custodial interrogation is not necessary in the facts of
the case.
3.

Per contra, Ld. A.P.P. Ms. R. Y. Jadhav has
vehemently
opposed the application on the ground that the
applicant is a prime accused, in as much as he was also a partner
of the Firm. Co­accused in other matters have been granted bail,
however, in those matters, the amount was paid over by the co­
accused to the complainant (concerned farmer). As many as 19
FIRs have been lodged by different farmers who have been
duped by the applicant. It is not a simple stand­alone case of
cheque­bouncing as is sought to be portrayed and in fact the
farmers have been cheated systematically.
4.

Other co­accused have been granted bail. Applicant
is ready to abide by the terms and conditions imposed by the
Court.

Considering the role of the applicant, his custodial
interrogation does not appear to be necessary. In view of the
foregoing discussion, I am inclined to allow the bail application
in terms of the following order:
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Cri.B.A. 588/2022
Order Exh.1
:ORDER:
1)
Application is allowed.

2)
In the event of arrest of applicant (Suryajiraje
Dipak Bhosale), he be released on executing P. B. &
S. B. of ₹15,000/­ with one local surety of like
amount.

3)
Applicant shall co­operate in the investigation and
shall attend the concerned police station on every
Monday and Friday between 5.00 p.m. to 6.00 p.m.

4)
Applicant shall not directly or indirectly, make any
inducement, threat or promises to any person
acquainted with the facts of accusation, so as to
dissuade him/her from disclosing such facts to the
Court or to the police officer and shall not tamper
with the prosecution evidence in any manner.

5)
Applicant shall not commit any offence and shall
attend all dates of hearing after filing of charge­
sheet.

6)
Applicant is duty bound to inform the I.O. and the
court about his change of address, if any.

7)
Applicant shall furnish residence and ID proof of two
blood relatives to the I.O.
(Order is dictated and pronounced in open court).
MRIDULA
BHATIA
Nashik
16/06/2022
Digitally signed
by MRIDULA
BHATIA
Date:
2022.06.16
14:56:10 +0530
Mridula Bhatia
District Judge­3 and Addl.,
Sessions Judge, Nashik.