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B.A.No.1017 of 2022
CNR:MHCC02-005696-2022
IN THE SESSIONS COURT FOR GR.BOMBAY
AT BOMBAY
BAIL APPLICATION NO.1017 OF 2022
IN
(DCB CID C.R.NO.100 OF 2021)
(MALWANI POLICE STATION C.R.NO.1287 OF 2020)
David Yohan Bansode
Age:48 years, Occ:Service
R/at.B/30, 2nd Flr, Kandivali
Police Colony, Parekh Nagar,
S.V. Road, Kandivali(W),
Mumbai:67.

.. Applicant
V/s.
The State of Maharashta
(at the instance of DCB, CID,
Mumbai)
.. Respondent
Appearances:
Adv. Shailesh Ahire for applicant.
APP Abhijeet Gondwal for respondent.
Coram : R. M. Sadrani
Addl. Sessions Judge
C.R. No.37.
DATED : 17th May, 2022.
ORDER
1
This is an application U/s.439 of Code of Criminal
Procedure(hereinafter referred to as “Cr.P.C.) for the grant of bail to
the applicant David Yohan Bansode in C.R.No.100 of 2021 of DCB,
CID, Mumbai(Malwani Police Station C.R.No.1287 of 2020)for the
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B.A.No.1017 of 2022
offence punishable U/s.395, 392, 420, 120(B), 504, 506 r/w. 34 of
Indian Penal Code(hereinafter referred to as IPC)
2
As per case of the prosecution, FIR is lodged by Yagnesh
Krushnkumar Pandiya on 25/08/2020 that he was facing financial
difficulties. Therefore, he came into contact with co-accused
Jaysingh Rathod and Rajan Dave. They induced him for purchase
of fake currency of Rs.1 Crore against real currency of Rs.15 lakhs.
He agreed for the same and arranged Rs.13 lakhs. As per deal, he
handed over Rs.13 lakhs near Infinity Mall, Link Road, Malad(W).
After taking bag, when another bag was shown to him having Rs.1
Crore fake currency, meanwhile two police persons intervened and
intercepted them. Some of the accused ran away. Fake currency
was also taken by the co-accused.

According to the informant,
those police persons and co-accused as per their plan, induced him
to purchase fake currency of Rs.1 Crore and without providing fake
currency and as per their plan, after taking bag of Rs.13 lakhs, fake
raid was shown and he has been cheated.
3
Learned Adv. Shailesh Ahire for applicant argued that
co-accused namely Shahbaj, Abid and Akram were arrested and
released on bail by the Magistrate on 25/09/2020.
against the applicant is that he is a constable.

Allegation
He received
Rs.2,000/- as a commission. Same is reflected in memorandum
panchanama. However, there is no recovery of the amount of
Rs.2,000/-. In the FIR, there is vague allegation referring as police
person but no test identification parade is conducted. FIR is lodged
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on 26/02/2020.

B.A.No.1017 of 2022
Applicant is arrested on 22/04/2022.

He
requested to enlarge the applicant on bail.
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Learned APP Abhijeet Gondwal opposed the application
and argued that investigation is in progress. Out of Rs.13 lakhs,
Rs.11 lakhs are recovered.

Rs.2 lakhs are yet to be recovered.

Therefore, application be rejected.
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record.

After hearing both the sides, I have gone through
Role assigned to the applicant is that he has received
commission of Rs.2,000/-. This fact is stated by the co-accused
Abid Shah in his memorandum statement. No test identification
parade is conducted. Considering the role assigned to the applicant
and this is an application for grant of regular bail, I am inclined to
allow the application. Hence, I pass following order.
ORDER
1
Bail Application No.1017 of 2022 is hereby allowed.

2
Applicant David Yohan Bansode in C.R.No.100 of 2021
of DCB, CID, Mumbai(Malwani Police Station C.R.No.1287 of
2020)for the offence punishable U/s.395, 392, 420, 120(B), 504,
506 r/w. 34 of Indian Penal Code be released on bail on executing
PR bond of Rs.30,000/- with one or more sureties of the same
amount.
3
Applicant to furnish his detailed address, phone number
at the time of furnishing bail.

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B.A.No.1017 of 2022
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Bail before the Court attending remand.

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Applicant to attend DCB, CID, Mumbai as and when
called by the investigating officer.
6
Applicant shall not, directly or indirectly, make any
inducement, threat or promise to any person acquainted with the
facts of the accusation against himself so as to dissuade him from
disclosing such facts to the Court or to any police officer.
7
Applicant shall not leave India without previous
permission of the Court.
8
Bail Application is disposed off accordingly.

( R. M. Sadrani )
Addl. Sessions Judge, Sessions Court,
Dated :17/05/2022.
Gr. Mumbai
Dictated on
:17/05/2022.
Transcribed on :17/05/2022.
Signed on
:17/05/2022.

“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER.
UPLOADED ON: 18/05/2022.
TIME:01.50 p.m.

(Santosh B. Sawant)
(Selection Grade Stenographer)
Name of the Judge(with Court Room Shri. R. M. Sadrani, Judge, C.R.No.37.
No.)
Date
of
pronouncement
Judgment /Order
of 17/05/2022.

Judgment/Order signed by P.O. on
17/05/2022.

Judgment/Order uploaded on
18/05/2022.