Mumbai, November 23, 2022 – The Additional Sessions Judge Anand Pandurang Kanade (Court Room No. 60) granted bail to Vignesh Ramchandra Nair in connection with a cheating case registered at Pant Nagar Police Station (C.R. No. 17/2021). The court cited the delay in filing the report, the completion of the investigation, and the accused’s willingness to abide by conditions as key factors in its decision.
Background of the Case:
Vignesh Ramchandra Nair, a 36-year-old businessman from Sindhudurg, was arrested for allegedly cheating Ulka Malhari Gavhane. The complainant alleged that in 2014, she paid Rs. 10 lakhs as an advance for a flat, but the accused neither provided the flat nor refunded the money. The case was registered under Sections 420 (cheating), 406 (criminal breach of trust), and 34 (acts done by several persons in furtherance of common intention) of the Indian Penal1 Code (IPC).
Arguments Presented:
Advocate Vaibhav Jagtap, representing Nair, argued that his client was falsely implicated and that there was no recovery or discovery at his hands. He emphasized the six-year delay in filing the report, the completion of the investigation, and the accused’s willingness to abide by any conditions.
Additional Public Prosecutor (APP) Seema Deshpande, representing the State, opposed the bail application, citing the absconding co-accused, the possibility of the accused repeating the crime or pressurizing witnesses, and the pendency of three other criminal cases against him.
Court’s Reasoning and Decision:
Judge Kanade, after reviewing the report of the Investigating Officer (IO), noted that Rs. 13,40,000 had been seized during the investigation. He also observed that the police custody period was over, the charge sheet was filed, and the accused had been in judicial custody since February 22, 2022.
“No propriety to continue the detention of the applicant/accused. The matter of 2022, it is not likely that trial may commence in the immediate future,” Judge Kanade stated in his order.
The court also considered that the accused was a permanent resident of Sindhudurg and was willing to abide by any conditions imposed. Regarding the pendency of other criminal cases, the court stated that it was not a sufficient ground to refuse bail.
“Three other crimes pending against the applicant/accused is not just ground to refuse the bail,” Judge Kanade stated.
Consequently, the court granted bail to Vignesh Ramchandra Nair, ordering his release upon furnishing a Personal Bond (PB) of Rs. 1,00,000 and one or two solvent sureties of the same amount.
The court imposed several conditions, including that the accused could furnish a cash security of Rs. 1,00,000 provisionally for one month, must provide a list of blood relatives and their addresses, must inform the court of any change in address, must provide copies of identification documents, must not influence witnesses or tamper with evidence, must not leave Mumbai without permission, and must not commit similar offenses.
Implications and Significance:
This ruling highlights the court’s consideration of delays in filing reports, the completion of investigations, and the accused’s willingness to abide by conditions in bail matters. The decision underscores that even if an accused has other pending criminal cases, bail can be granted with appropriate conditions.
The court’s decision also reflects a balanced approach, ensuring that the accused’s rights are protected while also imposing stringent conditions to address the prosecution’s concerns about potential witness tampering and flight risk.
The order was dated November 22, 2022, and signed and uploaded on November 23, 2022, at 3:15 p.m.