Bombay High Court: Bharati Dangre, J., addressed a matter wherein a mother was cheated of an amount Rs 16,50,000 by a man who assured her that her son will be released on bail in 15 days.
A complaint was filed wherein she stated that her son 20 years of age was in love with a minor girl and an offence was registered against him by invoking relevant provisions of the Penal Code and POCSO Act. She tried to get him released on bail.
Later, she was introduced to the present applicant through some common friends of her son, who assured her to secure the release of her son on bail and the impression given was that his father was a well-known lawyer and he will guarantee that bail is secured in fifteen days. In the moment of desperation, the Complainant allege that, she parted with an amount of Rs 16,50,000/- in total, sometimes in cash and sometimes by way of cheques. However, when her son could not walk free and when inquiries were made with the Applicant, who gave evasive response, she lodged the complaint, which resulted in invocation of Section 420 of the IPC.
Prima facie, the offence was of ‘Cheating’, it seemed that cheating is for the purpose of manipulation of Court proceedings and what had been assured was that the settlement will be worked and the term ‘settlement’ can very well be appreciated in light of the nature of the proceeding.
It is not uncommon feature that when the matter is pending before the particular Court, the parties indulge into transaction under the guise of ‘settlement’ and sometimes it so happens, even without the knowledge of counsel on record, who may prefer to argue the case on its merit. This tendency of guaranteeing the decision to come in favour of one party or the other, amounts to maligning a particular Judge and at large, the institution itself by giving an impression that justice can be bought and the Prosecutors and Judges can be sold.
For the above-stated, High court held that vexatious attempts are rampant and the same need to be nipped in the bud.
Bench observed that the offence punishable was under Section 420 IPC, the nature of allegations levelled against applicant complainant was duped for an amount on assurance that bail will be sought by effecting ‘settlement’ makes the offence grave and the particular fact disentitled the applicant to be released on bail.
Hence, application was rejected. [Minol Anil Hudda v. State of Maharashtra, Criminal Bail Application no. 920 of 2021, decided on 21-09-2021]
Advocates before the Court:
Mr A.I.Mookutiar with Mr Adnan A. Mookutiar i/b Mr Sanjay Bhatia for the Applicant.
Ms J.S.Lohokare, APP for the State.
