Sanjay Kumar Makhariya Vs State of Telangana (Telangana High Court)
The petition was filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 seeking pre-arrest bail in connection with a criminal case registered for offences under Sections 316(5) and 318(4) of the Bharatiya Nyaya Sanhita. The case arose from a complaint by the liquidator of a company, alleging that the petitioner, a former director, falsely represented himself as an authorized signatory after the company had gone into liquidation and wrongfully received compensation of ₹167.02 lakhs related to land acquisition. It was further alleged that the petitioner operated a bank account in the company’s name without authority and misappropriated the funds.
The petitioner contended that no criminal offence was committed and that the matter was civil in nature arising out of liquidation proceedings. It was argued that the bank account had been opened prior to liquidation, there was no fraudulent intent, and the case was based on documentary evidence. The petitioner also submitted that custodial interrogation was unnecessary and there was delay in filing the FIR.
The prosecution opposed the plea, stating that the petitioner had acted dishonestly after losing authority during liquidation and misappropriated substantial funds. It argued that the allegations disclosed cognizable offences involving fraud and breach of trust, and that custodial interrogation might be required as the investigation was at a crucial stage.
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