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शनिवार, 30 जुलाई 2022

NAGPUR HIGH COURT BENCH UPDATE: ACCUSED WHO ALLEGEDLY CHEATED AGRICULTURIST GRANTED BAIL BY HC

ACCUSED WHO ALLEGEDLY CHEATED AGRICULTURIST GRANTED BAIL BY HC


Nagpur : Zafar Khan
Vitthal Laxman Karhale was arrested on 27 october 2021 in Washim (city) police station for the offences punishable under Section 406, 409, 420 read with Section 34 of the Indian Penal Code on the basis of report lodged by informant Suresh Bhoyar alleging the misappropriation of Rs.2,l8,70,662/-The prosecution case in brief is that complainant Suresh Bhagwan 
Bhoyar is a Commission Agent in APMC, Washim and he is also President of all Commission Agents. Accused persons take possession of agriculture produce from complainant and other Commission Agents during the period from 01 july 2021 to 31 august 2021. Accordingly, Bhagwan Karhale, Vitthal Laxman Karhale and Savita Karhale has taken possession of agriculture produce of Rs.2,11,70,662/- from complainant and other Commission Agents. Since 01/09/2021, all accused stopped coming to APMC and purchase the agriculture produce. They also had not paid the amount of Rs.2,11,70,662/- to all Commission Agents on repeated demand. In this way, the accused in furtherance of their common intention, deceive the complainant and other witnesses, collected the agricultural produce from them and thereby committed the offence of misappropriation.

It was submitted that, accused no. 3, Savita Bhagwan Karhale is the license holder of APMC and she runs a firm namely Siddhi Vinayak Traders. Applicant is neither the license holder nor he is running Siddhi Vinayak Traders.

It was submitted that, witness cited by prosecution reveal that, it was accused no. 1 Bhagwan Vithhal Karhale who actually doing  the entire transaction with commission agents and there is no whisper of allegations against the applicant except making general allegations against him therefore offence punishable under Section 406, 409, 420 of IPC is not made out against Vithal Karhale.

While allowing the application, the Hon’ble Court observed-

9. The charge sheet does not show that the applicant is holding any licence as ‘Adatya’ in APMC, Washim. The licence stands in the name of his daughter-in-law, Sau. Savita Bhagwan Karhade and his son used to look after the said business.

10. he bank account of the applicant shows the balance as Rs.2,000/- and odd, which makes it clear that the applicant has not received any financial benefit out of any of the transactions.

11. In the circumstances, except the allegation that he being the family member of the accused Nos.1 and 3, used to receive the food grains from Adatya, prima facie there is no other evidence.

12.  Moreover, if it is the case of the prosecution that the applicant was doing the said business without a licence, there are no such allegation or no offence is registered against the applicant in this regard. Thus, in absence of any such allegation, I am of the opinion that as the applicant is in jail since last 10 months, further custody of the applicant is not necessary.Adv Mir Nagman Ali appeared for Vitthal Karhale.