B.A.199/2022
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Order
IN THE COURT OF SESSIONS FOR GREATER BOMBAY AT BOMBAY
CRIMINAL BAIL APPLICATION NO. 199 OF 2022
( CNR NO.: MHCC020009832022 )
Ajay Ashok Sawant
Age: 45 years, Occ: Labour
R/o: Bldg. No.21 B, Room No.306,
Hiranandani Akruti, Tata Nagar,
Lallubhai Compound, Mankhurd
(W), Mumbai43.
…Applicant/Accused.
V/s.
The State of Maharashtra.
( At the instance of Chembur P.Stn.
Vide C.R. No.20/2021)
…Respondents/State.
Appearance:
Mr. Sanjay Jadhav Advocate for the Applicant/Accused.
Mr. Ramesh Siroya, APP for the State/respondent.
CORAM : H.H. THE ADDL. JUDGE
SHRI G.B.Gurao (C.R.17)
DATE : 18/02/2022.
ORDER
1.
This is an application under section 439 of Cr.P.C. for bail by
applicant/accused Ajay Ashok Sawant in crime No.20/2021 under
section 420 r/w 34 of IPC
registered at police station Chembur,
Mumbai.
Facts in brief are as under :
2.
Complainant Harish is sixty years old. On 22/2/2021 he was
going towards Sion Koliwada by walk.
It is alleged that both the
accused met him and talking him. Complainant had not acquaintance
B.A.199/2022
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Order
with the accused. Accused asked complainant to keep his articles i.e.
gold chain, gold bracelet and ring in the bag. Accused returned the said
bag to the complainant and they went away. Complainant opened the
bag but he did not find gold chain and ring. Accordingly, complaint is
lodged.
3.
Mr. Sanjay Jadhav Advocate for applicant/accused has submitted
that applicant is innocent and he has not committed any crime. He is
falsely implicated in the present crime. There is no recovery from the
accused. Coaccused is released on bail. Hence, he prayed to release the
applicant/accused on bail.
4.
Mr. Ramesh Siroya, APP for the State has submitted that offence
is serious. Applicant/accused is habitual offender and if he is released
on bail then he will abscond. He prayed to reject the application.
5.
I have perused the FIR and documents alongwith application. I
have also perused the say of prosecution. It is true that coaccused Vijay
Tambe is released on bail. However, it appears that after completion of
investigation police have taken custody of accused from other crime. It
is true that there is no recovery from the accused. However, it appears
that at about nine offences are registered against the accused in the
various police stations under section 420 r/w 34 of IPC.
Modus
operandi of the accused in all offences is similar. The complainant is
old person and accused cheated him. Complainant sustained wrongful
loss. Though coaccused is released on bail but as stated above the
antecedents of present accused are not clear. The offence is serious.
Hence, I find that applicant/accused is not entitled for bail. Therefore,
following order.
B.A.199/2022
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Order
ORDER
Bail Application No.199/2022 is rejected and
disposed of accordingly.
Digitally signed
by GIRISH
BALKRISHNA
GIRISH
BALKRISHNA GURAO
Date:
GURAO
2022.02.23
17:20:56 +0530
(G.B.Gurao)
Addl. Judge
City Civil & Sessions Court,
Gr. Bombay.
Dictated on
Transcribed on
Date of sign
: 18.02.2022.
: 23.02.2022.
: 23.02.2022.
B.A.199/2022
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Order
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER”
23.02.2022.
UPLOAD DATE AND TIME
Mrs. S.S.Sawant
NAME OF STENOGRAPHER
Name of the Judge (with Court Room
No.)
HHJ SHRI.G.B.Gurao,(C.R.No.11)
Addl. Judge.,City Civil & Sessions Court,
Date of pronouncement of /Order
18.02.2022.
Order signed by P.O. on
23.02.2022.
order uploaded on
23.02.2022.