Mumbai, July 19, 2022 – In a ruling that considered the delay in filing the complaint and the tragic suicide of the accused’s son, the Additional Sessions Judge Vishal S. Gaike (Court Room No. 22) granted bail to Sarika Deepak Pardeshi in connection with a gold misappropriation case registered at Dadar Police Station (C.R. No. 122/2022). The court emphasized the personal tragedy and the delay in reporting the alleged crime.

Background of the Case:

Sarika Deepak Pardeshi, a 42-year-old resident of Pune, was accused of misappropriating approximately 1 kilogram of gold ornaments, valued at Rs. 45 lakhs, belonging to her 80-year-old aunt, Shemkala Hukumchand. The complainant alleged that she had entrusted the gold to Pardeshi during Diwali 2016 for safekeeping, but Pardeshi later refused to return it. The complaint was filed on March 5, 2022.

Arguments Presented:

Advocate Raheel Malik, representing Pardeshi, argued that his client was innocent and falsely implicated. He stated that the complainant was pressured by her family to file a false report. He highlighted the tragic suicide of Pardeshi’s 17-year-old son, who could not bear the humiliation of his mother’s arrest. He also pointed out the significant delay of over four years in filing the complaint and argued that the complaint was time-barred.

Additional Public Prosecutor (APP) Ramesh Siroya, representing the State, opposed the bail application, arguing that the gold ornaments needed to be recovered and that Pardeshi might not cooperate with the investigation.

Court’s Reasoning and Decision:

Judge Gaike, after reviewing the First Information Report (FIR), noted that the complainant had allegedly asked Pardeshi to keep the gold safe in 2016 and return it upon demand. He observed that prima facie, only the ingredients of Section 406 (criminal breach of trust) of the Indian Penal Code were attracted, not Section 420 (cheating).

“The applicant allegedly refused to give back the said gold ornaments in the month of January, 2018, but the report was given in the month of March, 2022,” Judge Gaike stated in his order. “No plausible explanation has been given by the complainant for the said delay.”

The court also considered the tragic suicide of Pardeshi’s son.

“Applicant is a lady and her son, who was 17 years old, committed suicide due to the registration of the present F.I.R. against his mother,” Judge Gaike noted. “Therefore, considering the facts of the case, the further custody of the applicant would serve no purpose.”

The court emphasized the presumption of innocence until proven guilty and decided to grant bail.

Consequently, the court granted bail to Sarika Deepak Pardeshi, ordering her release upon furnishing a Personal Recognizance (PR) bond of Rs. 15,000 with one surety of the same amount.

The court imposed several conditions, including that Pardeshi must not tamper with witnesses or evidence, must provide her address and contact details, must inform the court of any change in residence or contact information, must attend court regularly if a charge sheet is filed, must cooperate with the investigation, and must not threaten or pressurize the complainant or witnesses.

Implications and Significance:

This ruling highlights the court’s consideration of the delay in filing complaints and the personal circumstances of the accused in bail matters. The decision underscores the importance of timely reporting of offenses and the potential impact of criminal proceedings on the accused and their families.

The court’s decision also reflects a balanced approach, ensuring that the accused’s rights are protected while also imposing conditions to ensure cooperation with the investigation and prevent interference with the legal process.

The order was dictated on July 12, 2022, transcribed on July 18, 2022, signed, and uploaded on July 19, 2022, at 5:35 p.m.