Nagpur: While giving guarantees to be accused, the Nagpur bench of the Bombay High Court has clarified that “detention cannot be a pre-trial penalty”, especially because violations punished under the 420 IPC section requires a maximum sentence of seven years in prison.
Facing the allegations under the protection of Maharashtra Interest Depositors (in the Financial Board) (MPID) (MPID) Act, 1999, apart from the IPC section, Raj Mohammad Mumtaj Choudhary’s applicant had sought guarantees through Mir Nagman Ali’s advice for guarantees.
After being ordered by the Desaiganj police station at Gadchiroli for allegedly cheating several women from Rs 1.41 Crore, he had been stored behind bars since July 1 last year.
“Costs have not been framed, and 150 witnesses are quoted.
Responding to specific requests, prosecution clarified that it is not in a position to ensure that the number of witnesses will be limited or the trial can be concluded in a certain period.
Considering that the chargesheet was submitted, the applicant did not have an anteceden criminal, and not shown that He will be in a position to influence witnesses, I tend to provide guarantees, “said Justice Rohit Deo.
Previously, the additional public prosecutor Nitin Rode told that Choudhary allegedly attracted women under the national bank scheme for agriculture and rural development (Nabard).
Anyone who deposes Rs 1,500 with him must be given a sewing machine and other articles.
Finally – Nisar and Shabana Choudhary, who used to run a living room of beauty and sewing classes – helped him promise women that he would provide motorbikes and 10 ruc on RS 7,000 payments and four-wheeled deposits at RS 50,000 deposits.
Someone who deposited the 60,000 Rs was promised a house under the Gharkul scheme.
After collecting around 1.41 crores, the trio escaped from Desaiganj.
Complaints submitted by Prabha Kawarale on May 12, 2019, against the three.
It is said that they all actively participate in evil and share together intentions to deceive women.
While allowing the applicant’s application for guarantees, Deo said the careful material in the case of a diary revealed a case of strong facie’s prime case to connect it to crime.
He was released at the Furnishing PR Bond 16,000 with a number of solvents from such an amount.
He was directed at completing his current address and telephone number to the investigative officer within 48 hours of his release from detention.
While asking him to attend carefully every day of hearing in the High Court, the judge told him to report to the police station every 15 and 30 days a month ended.
He was warned not to damage the evidence or make efforts to influence witnesses, directly or indirectly.
Choudhary is also prohibited from leaving the country without the permission of the jurisdiction.
Detention should not be a pre-trial penalty: HC
