Mumbai, Maharashtra – May 25, 2022 – Sachin Gajanan Salunkhe, a jeweler, has been granted bail in a cheating case registered at Nehru Nagar Police Station (C.R. No. 599 of 2021). The Additional Judge, Shri G.B. Gurao, of the Sessions Court for Greater Bombay, approved Salunkhe’s bail application (Criminal Bail Application No. 1173 of 2022) citing the jeweler’s business losses due to COVID-19 and the lack of recovery of any items from him.
Background of the Case:
Salunkhe was arrested and charged under Sections 420 (cheating and dishonestly inducing delivery of property) and 406 (criminal breach of trust) of the Indian Penal1 Code (IPC).
Allegations and Arrest:
According to the complainant, Nanda Mahadev Jalgaonkar, she placed an order for gold bangles weighing 24.130 grams, worth Rs. 1,20,270, with Salunkhe. Due to COVID-19, the order was delayed. When the bangles were delivered, they were not as per the order. Salunkhe agreed to repair them for Rs. 5,000 but then closed his shop and disappeared. The complainant later discovered that Salunkhe had allegedly cheated 26 other customers, totaling Rs. 50,87,332.
Defense Arguments:
Mr. Jitendra Gamare, representing Salunkhe, argued that his client was innocent and had suffered business losses due to COVID-19. He also stated that Salunkhe had been hospitalized due to an incident. He emphasized that the major part of the investigation was complete, Salunkhe was not a habitual offender, and his antecedents were clear. He stated that Salunkhe was willing to abide by any conditions imposed by the court.
Prosecution’s Counter-Arguments:
Mr. Ramesh Siroya, the Additional Public Prosecutor (APP), argued that the offense was serious and that Salunkhe might abscond if released on bail.
Court’s Observations and Decision:
Judge Gurao noted that the complainant alleged Salunkhe had taken Rs. 1,20,270 for gold bangles that were not as per the order and then disappeared. The court also noted that Salunkhe had allegedly cheated 27 people in total. However, the court observed that there was no recovery of any items from Salunkhe and that he had closed his business during the COVID-19 pandemic. The court also noted that Salunkhe’s antecedents were clear.
“It appears that, accused was running his business and in Corona period he closed the business. The antecedents of accused are clear. He undertakes to abide by the conditions, if any, imposed by the Court. Major part of the investigation is completed. Therefore, accused is entitled for bail,” Judge Gurao stated in his order.
The court concluded that Salunkhe was entitled to be released on bail.
Bail Conditions:
The court granted bail to Salunkhe, subject to the following conditions:
- He must execute a Personal Recognizance (PR) bond of Rs. 30,000 with one or more sureties of the same amount.
- He must attend the concerned police station as and when required by the investigating officer.
- He must not pressurize the prosecution witnesses.
- He must not commit any offense while on bail.
- He must attend court regularly.
- He must furnish his correct address to the investigating officer.
- He must be released on provisional cash bail of Rs. 30,000 for four weeks.
- Bail must be furnished before the Learned Magistrate.
Significance of the Ruling:
This ruling highlights the court’s consideration of the impact of the COVID-19 pandemic on businesses and the lack of recovery of any items when deciding bail applications in cheating cases. The court’s decision underscores that in cases where the accused has no prior criminal record and the investigation is largely complete, bail can be granted with appropriate conditions.
Key Factors in the Bail Grant:
- Business losses due to COVID-19.
- Lack of recovery of any items from Salunkhe.
- Clear antecedents.
- Completion of the major part of the investigation.
- Conditions to ensure Salunkhe’s presence and prevent witness intimidation.
Future Proceedings:
The trial will proceed in the Magistrate’s court. The prosecution will be required to prove the charges against Salunkhe beyond a reasonable doubt. The court will monitor Salunkhe’s compliance with the bail conditions.