CRI. BA 1954/2022
1
ORDER
MHCC020108362022
IN THE COURT OF SESSIONS FOR GREATER BOMBAY
AT MUMBAI
CRIMINAL BAIL APPLICATION NO. 1954 OF 2022
( CNR NO.: MHCC020108362022 )
Anil Gaikwad @ Anil Manohar Gaikwad
Age: 37 years
Address: Shivnari CHS Ltd.,
Building No. 62, Flat No. 102,
Lalubhai Compound, Mankhurd,
Mumbai.
V/s.
The State of Maharashtra,
(At the instance of Kalachowki
Police Station vide C.R.No.439/2022)
…Applicant/Accused
…Respondent/State.
Appearance:
Shri. Vishwabhushan Kamble, Advocate for the applicant/Accused.
Smt. Seema Deshpande, Ld. Addl. P.P., for the State/respondent.
CORAM : H.H. THE ADDL. SESSIONS JUDGE
ANAND PANDURANG KANADE (C.R.60)
DATE : 25.08.2022.
ORDER
1.
Vide present application under Section 439 of Code of
Criminal Procedure, the applicant requested to release him on bail in
Crime No. 439 of 2022 registered at Kalachowki Police Station for
offence punishable under Section 381 of Indian Penal Code.
CRI. BA 1954/2022
2.
2
ORDER
Prosecution case in brief is as under :
Ghanshyam Nana Shendkar is resident of Room No. 501,
New Prabha Kutir C.H.S., Lalbaug, Mumbai. The complainant is residing
with the parents. On 03.06.2022, complainant engaged the present
applicant for household work. On 16.06.2022 at about 02:00 p.m.,
mother of complainant was sitting in the hall and matching her
jewellery. Thereafter, she went into her bedroom and she realized that
2 gold bangles remained at hall. When the mother of complainant went
into the bedroom, applicant/accused was working in the hall. On
18.06.2022, complainant and his parents went to village, Lonimaval for
attending marriage. On 22.06.2022, they returned to their house and
searched
for
missing
bangles.
The
complainant
noticed
that
applicant/accused was not remaining present for his work. Complainant
enquired with the applicant/accused for missing gold bangles, but, he
replied evasively. Then, complainant realized that applicant/accused is
person who stole 2 gold bangles from his house. Hence, he lodged
report with Kalachowki Police Station against the applicant/accused. On
that basis, Crime No. 439 of 2022 has been registered against the
applicant/accused.
3.
During the course of investigation, I.O. arrested the
accused on 07.07.2022 and he was remanded to 11.07.2022. Since
11.07.2022, applicant/accused is in judicial custody. He has filed the
present application to enlarge him on bail. He raised the grounds that
he has been falsely implicated in the present case. He is nowhere
concerned with the theft of 2 gold bangles of the mother of
complainant. There is delay in lodging FIR. There is no recovery at his
instance. No ground is made out for further detention while his family
is dependent on applicant. Hence, this application.
CRI. BA 1954/2022
4.
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ORDER
Ld. Addl. P.P. and I.O. filed their Say at Exh – 2 and
resisted the bail application. It is submitted that there is possibility of
repetition of crime, if applicant/accused is enlarged on bail. The
investigation of crime is going on. Hence, it is prayed to reject the bail
application.
5.
Heard both the sides. Perused police papers on record. It
reveals that since 11.07.2022, applicant/accused is in judicial custody.
His police custody period is already over. During the custody of
applicant, there is no recovery at his instance. The offence is exclusively
triable by Metropolitan Magistrate. No ground is made out for further
detention of the applicant. In the result, application deserves to be
allowed. Hence, following order.
:ORDER:
1.
The Criminal Bail Application No. 1954 of 2022 is allowed as
under.
2.
The applicant accused namely Anil Gaikwad @ Anil Manohar
Gaikwad be released on bail on executing personal bond of Rs.
15,000/ and one or two solvent sureties of the same amount in Crime
No. 439 of 2022 registered at Kalachowki Police Station.
3.
Cash security of Rs. 15,000/ is permitted provisionally for the
period of 1 month in lieu of the surety bond.
4.
The accused shall attend the Kalachowki Police Station on every
Monday in between 10.00 a.m. to 12.00 p.m. till filing of the
chargesheet.
5.
The accused shall submit a list of atleast 3 blood relatives with
their detailed residential addresses and also the addresses of their place
CRI. BA 1954/2022
4
ORDER
of work if any, and documentary proof of showing the correctness of the
details provided by them.
6.
The accused and the surety shall inform the police authorities as
well as the trial court, the change of their residential address while the
accused is on bail.
7.
The accused shall submit copies of at least 2 documents amongst
the Pan Card, Adhar card, Ration card, Electricity Bill, Voter ID card
issued by the election commission or the documents in respect of
immovable properties owned by him.
8.
After submission of the documents as mentioned above, the
Investigating Officer shall conduct physical verification of the residential
address so as to confirm the address appearing on those documents.
9.
The accused shall not make any inducement or threat to any
person acquainted with the facts of the case so as to dissuade him from
disclosing such facts to the court or to any police officer or tamper with
the evidence.
10.
The accused shall not leave territorial limits of Mumbai without
prior permission of the court.
11.
The accused shall not commit any offence similar to the offences
of which he is accused in the present matter.
12.
Conditions No. 5 to 8 shall be complied with simultaneous to the
furnishing of the cash security or the surety bond whichever is earlier.
13.
Bail before the Court of Metropolitan Magistrate.
Anand
Pandurang
Kanade
Digitally signed
by Anand
Pandurang
Kanade
Date:
2022.08.26
16:09:58 +0530
(Anand P. Kanade)
Addl. Sessions Judge
Sessions Court,
Mumbai. C.R. 60
CRI. BA 1954/2022
Dictated on
Transcribed on
Date of sign
: 25.08.2022
: 25.08.2022
: 26.08.2022
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ORDER
CRI. BA 1954/2022
6
ORDER
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
26/08/2022
, 4.00 p.m.
UPLOAD DATE AND TIME
Mr. Prasad S. Pednekar
NAME OF STENOGRAPHER
Name of the Judge (with Court
Room No.)
HHJ Anand P. Kanade,(C.R.No.60)
Addl. Sessions Judge.,City Civil &
Sessions Court,
Date of pronouncement of /Order
25.08.2022
Order signed by P.O. on
26.08.2022
Order uploaded on
26.08.2022