Mumbai, July 2, 2022 – The Additional Sessions Judge M.S. Kulkarni granted bail to Ramesh @ Ramya Vijaykumar Jaiswal, an accused with a substantial criminal record, in a cheating case registered at Agripada Police Station. The court cited the completion of the investigation and the principle that “bail is the rule, and its denial is the exception” as reasons for granting bail.
Jaiswal was arrested in connection with Crime No. 42/2022, registered under Sections 420 (cheating) and 34 (acts done by several persons in furtherance of common intention) of the Indian Penal Code (IPC).1
According to the FIR,2 on March 8, 2022, Jaiswal and another accused allegedly hypnotized the complainant and stole his gold chain, locket, and Rs. 1,000. Jaiswal was arrested on March 16, 2022.
Jaiswal, through his advocate P.R. Pathond, sought bail, arguing that he was falsely implicated, the investigation was nearly complete, there was no direct evidence against him, and he was ready to cooperate with the investigating officer.
The prosecution, represented by APP Raykar, strongly opposed the bail, citing Jaiswal’s extensive criminal record, which included 38 registered crimes. They also highlighted that Jaiswal had been released on bail in a previous case on March 2, 2022, and allegedly committed the present offense within six days.
Judge Kulkarni, after hearing both sides, acknowledged Jaiswal’s criminal history and the fact that he allegedly committed the present offense shortly after being released on bail. However, the court emphasized the legal principle that “bail is the rule, and its denial is the exception.”
“It may be true that applicant/accused is hardened criminal and 38 crimes are registered against him. Even within six days on releasing from bail, accused committed present offence. But the legal principle that bail is right and it’s denial is exception needs to be followed,” Judge Kulkarni stated in his order.
The court also noted that the investigation was complete, and there was no need to keep Jaiswal in custody for an extended period.
“The investigation is over, so no need to keep applicant/accused for more period behind bar,” Judge Kulkarni observed.
Consequently, the court granted Jaiswal bail, ordering him to furnish a personal bond and surety bond of Rs. 25,000 with one or more sureties. The court also allowed provisional cash bail of the same amount for four weeks, within which Jaiswal was required to furnish the surety.
The court imposed the following conditions:
- Jaiswal must attend Agripada Police Station every Monday between 9:00 AM and 11:00 AM until the charge sheet is filed and cooperate with the investigating officer.
- Jaiswal must not tamper with evidence.
“Applicant/accused Ramesh @ Ramya Vijaykumar Jaiswal in C.R.No.42 of 2022 is released on bail on furnishing P. R. Bond and SB of Rs. 25,000/-(Rs. Twenty Five Thousand Only) with one or more sureties. Provisional cash bail of like amount is allowed. Applicant to furnish surety within four weeks, after his release. The Applicant/accused is directed to attend Agripada Police Station on every Monday between 09.00 a.m. to 11.00 a.m. till filing of chargesheet and co-operate the investigating officer in investigation. The applicant shall not tamper with evidence,” Judge Kulkarni ordered.
The order was dictated on June 28, 2022, typed on June 30, 2022, signed on July 1, 2022, and uploaded on July 2, 2022, at 4:11 PM, as certified by stenographer Prajakta K. More.
This ruling highlights the judiciary’s application of the principle that bail is the rule, even in cases involving accused with extensive criminal records, when the investigation is complete and conditions can be imposed to ensure cooperation and prevent tampering with evidence.