Mumbai, July 28, 2022 – In a ruling that considered the complainant’s acknowledgement of receiving the disputed funds, the Additional Sessions Judge Anand Pandurang Kanade (C.R. 60) granted bail to Sagar Raghunath Raut in connection with a cheating case registered at Bhoiwada Police Station (C.R. No. 726/2022). The court emphasized the complainant’s affidavit confirming the receipt of Rs. 2,20,000 and imposed stringent conditions.

Background of the Case:

Sagar Raghunath Raut, a 44-year-old businessman from Virar (West), was arrested on July 3, 2022, and subsequently placed in judicial custody on July 6, 2022, for allegedly cheating Rekha Rajesh Yerunkar. The prosecution alleged that Raut, after connecting with Yerunkar on Facebook, induced her to invest Rs. 2,20,000 in a two-wheeler spare parts business with the promise of a Rs. 40,000 monthly return. When Yerunkar received no returns, she filed a complaint alleging cheating under Section 420 of the Indian Penal Code (IPC).

Arguments Presented:

Advocate Bhaskar Udawant, representing Raut, argued that his client was falsely implicated and that the transaction was of a civil nature. He emphasized Raut’s cooperation during the investigation and his willingness to abide by any conditions imposed by the court. He also mentioned that Raut was an agent in the Forex business.

Smt. Seema Deshpande, the Additional Public Prosecutor (APP), and the Investigating Officer (IO) opposed the bail application. They argued that the investigation was ongoing, Raut had cheated 8-10 people, and a criminal case was pending against him. They also expressed concerns about Raut pressurizing witnesses.

However, a crucial development was the filing of affidavits (Exh. 4 and 5) by the complainant, Rekha Rajesh Yerunkar, confirming that she had received the full amount of Rs. 2,20,000 from Raut and that she currently had no grievances against him.

Court’s Reasoning and Decision:

Judge Kanade, after reviewing the police papers and the complainant’s affidavits, noted that Raut had been in judicial custody since July 6, 2022, and that the complainant had confirmed receiving the disputed amount. He also considered that Raut was arrested for offenses triable by a Metropolitan Magistrate.

“The complainant has received an amount of Rs. 2,20,000/- from the applicant/accused,” Judge Kanade stated in his oral order. “The police custody period of applicant/accused is already over. He is arrested for the offences triable by the Metropolitan Magistrate. For the aforesaid reasons, I am of view that no ground is made out for the further detention of the applicant/accused.”

Consequently, the court granted bail to Sagar Raghunath Raut, ordering his release upon furnishing a Personal Recognizance (PR) bond of Rs. 15,000 and one or two solvent sureties of the same amount. A provisional cash security of Rs. 15,000 was also permitted for one month in lieu of the surety bond.

The court imposed several conditions, including that Raut must attend Bhoiwada Police Station every Monday until the charge sheet is filed, provide a list of blood relatives with their addresses, inform the police and court of any change in address, submit copies of identification documents, cooperate with the I.O. for address verification, refrain from influencing witnesses, not leave Mumbai without permission, and not commit similar offenses.

Implications and Significance:

This ruling highlights the significance of complainant affidavits in bail considerations, especially when they confirm the resolution of financial disputes. The court’s decision underscores that when a complainant acknowledges receiving the disputed funds and expresses no further grievances, it significantly weakens the grounds for continued detention.

The imposition of stringent conditions reflects the court’s effort to balance the rights of the accused with the need to ensure the integrity of the investigation and prevent potential risks.

The order was dictated on July 25, 2022, transcribed on the same day, and signed on July 28, 2022. It was uploaded on July 28, 2022, at 5:00 p.m.