CRI. BA 313/2024
1
ORDER
MHCC020022412024
IN THE COURT OF SESSIONS FOR GREATER BOMBAY
AT MUMBAI
CRIMINAL BAIL APPLICATION NO. 313 OF 2024
( CNR NO.: MHCC02-002241-2024 )
SHRI CHHOTELAL RAMESH BAHADUR THAPA,
Aged:- about 39 years, Occ:- Business
Residing at Room No.01, Shivshakti Chawl,
Patkar Compound, Tulshet Pada,
Bhandup (West), Mumbai – 400078
…Applicant/Accused
V/s.
The State of Maharashtra,
(At the instance of Bhandup
Police Station vide C.R.No.478/2015)
…Respondent/State.

Appearance:Ld. Advocate Rakshna Karle for the applicant/accused.
Ld. S. P.P. S.V. Kekanis and Ld. S.P.P Manisha J. Parmar for the
State/respondent.
CORAM : H.H. THE ADDL. SESSIONS JUDGE
S.M. TAPKIRE (C.R.60)
DATE : 15.02.2024.
ORDER
1.

This is an application under Section 439 of Code of
Criminal Procedure, 1973 (hereinafter referred to as Cr.P.C) in
connection with the crime vide C.R. No. 478 of 2015 dated 19.08.2015
registered with respondent/state for the offence punishable under
Section 392 of the Indian Penal Code,1860.

CRI. BA 313/2024
2.
of
2
ORDER
The respondent/state has strongly opposed to the bail plea
the
applicant on various
grounds
by
filing
their
written
say/submission at Exh-3.
3.

Perused the application, plea submissions, grounds raised
therein coupled with the documents placed reliance by the applicant.
Also, perused the written say/objection of respondent/state. Heard Ld.
Advocate for the applicant and the Ld. S.P.P. for respondent/state.
4.

Having heard to the rival parties and considered the
submissions grievance objection raised by them prima-facie inclined the
applicant is involved in the crime u/s.392 of the IPC by vide C.R.
No.478 /2015 wherein charge-sheet is already submitted and the trial is
pending. While execution of order of non-bailable warrant the applicant
is arrested on 25.01.2024. His bail plea is pleased to rejected by the Ld.
A.C.M.M. 53rd Court, Mulund Mumbai by their order dated 01.02.2024
principally on the grounds that the applicant is arrested at third time in
execution of NBW. The said trial is pretty old. He is misusing his liberty.
Though the charge is framed on 02.11.2019. However, due to absence
of applicant trial could not proceed further. The submission of applicant
in that regard is that the said trial is pending for evidence of
prosecution. Only due to his absence the trial is not prolonged but due
to not taken effective steps by the prosecution, the same is prolonged.
The grounds raised for revoking his surety are unsustainable. He also
undertakes that hereinafter he will regularly attend the trial and ready
to abide every condition saddled, upon having liberty. He also raised
general grounds.

CRI. BA 313/2024
5.

3
ORDER
The respondent/state has vehemently opposed to the bail
plea of applicant principally on the ground that he is habituated
criminal. He is not having any fixed residence. He was absconded for
long period and could not detected. Due to that the Ld. Trial Court has
pleased to pass the order of proclamation while execution of the order
of NBW and proclamation he is detected and arrested. He is not lawabiding person. He doesn’t follow the condition of bail order by any
manner. The present matter is pretty old and charge is framed on
02.11.2019. against him serious in natures allegations raised in regard
to commission of crime of robbery. In such eventualities he doesn’t
deserve for any relief. They also raised general objection.
6.

In above such circumstance cautiously considered the
availed record raised submissions would reveal in execution order of
NBW he is arrested. His bail plea is rejected by the Ld. Trial Court on
the ground of serious in natures allegations raised against him. Prior to
his detention at thrice, he was enlarged on bail. He is misusing his
liberty. He doesn’t follow the court order. Considering the same and
grounds raised by the applicants coupled with levelled allegations
seriousness gravity of crime prescribed punishment and especially at
now the applicant undertakes and giving assurance that hereinafter he
will regularly attend the every date of trial. Thereby I felt last one
opportunity required to be given to him to follow abide his undertaking
and to co-operate to proceed with the trial but by saddling stringent
conditions. With this passed the following order.

CRI. BA 313/2024
4
ORDER
:ORDER:
1.

The present Criminal Bail Application No. 313 of 2024 is hereby
allowed, subject to following conditions by the applicant/accused.
a.

The applicant SHRI CHHOTELAL RAMESH BAHADUR THAPA,
age 39 years, residing at Room No.01, Shivshakti Chawl, Patkar
Compound, Tulshet Pada, Bhandup (West), Mumbai-400078 be released
on executing a P.R. Bond of Rs. 1,00,000/- (Rupees One Lakh Only) and
furnish one or two solvent sureties in the like amount in connection
with the crime vide C.R. No. 478 of 2015 registered with Bhandup
Police Station for the offences punishable under Section 392 of the
Indian Penal Code, 1860.
b.

The applicant shall not tamper or hamper the prosecution
witnesses and evidence by any manner.
c.

The applicant shall attend the concern Bhandup Police Station on
every 5th date of every month regularly without fail until decision of
the trial of the C.C. No.611/2016.
d.

The applicant shall attend every date of trial without fail.

e.

The applicant shall not indulge in any criminal activity.

f.

The applicant shall not leave India without prior permission of
Ld. Trial Court.

CRI. BA 313/2024
g.

5
ORDER
The applicant shall submit his proper considerable residential
address proof as well as telephone and cell numbers with respondent, in
view of his contact.
h.

The applicant to make surety compliance before Ld. Trial Court.

i.

Accordingly, inform to the Ld. Trial Court, Investigating Officer/
Bhandup Police Station by sending copy of this order.
j.

The respondent/ Bhandup Police Station to take note of this
order.
k.

The present Criminal Bail Application No.313 of 2024 stands
disposed of accordingly.
Dictated and pronounced in open court
Sd/-
Dictated on
Directly typed on
Date of sign
: 15.02.2024
: 15.02.2024
: 17.02.2024
(S.M. Tapkire)
Addl. Sessions Judge
Sessions Court,
Mumbai. C.R. 60
CRI. BA 313/2024
6
ORDER
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
17/02/2024, 3.19 p.m.
UPLOAD DATE AND TIME
Mr. Prasad S. Pednekar
NAME OF STENOGRAPHER
Name of the Judge (with Court Room No.)

HHJ S.M. Tapkire,(C.R.No.60)
Addl. Sessions Judge.,City Civil & Sessions
Court, Mumbai.

Date of pronouncement of Judgment/Order
15.02.2024
Order signed by P.O. on
17.02.2024
Order uploaded on
17.02.2024