MHCC020029202024
IN THE COURT OF SESSIONS FOR GREATER MUMBAI,
AT MUMBAI
CRIMINAL BAIL APPLICATION NO. 410 OF 2024
Deepak C. Ashtekar
Aged 42 years, Occ. : Retired,
R/at : Pimprikarkhana Nagar,
Janardan Nagar, M. P. Pimpri,
Tal. Niphad, Pimpari, Nashik.

… Applicant/accused
Vs.
The State of Maharashtra
(Tilak Nagar Police Station)
… Respondent
Appearances :Mr. Vikas Joshi, Ld. Adv. for applicant.
Mr. J. N. Suryawanshi, Ld. SPP for State/respondent.
CORAM : H. H. THE ADDL. SESSIONS JUDGE,
SHRI A. A. KULKARNI (C.R. NO.22)
DATED : 03rd April, 2024
ORDER
This is an application under Section 439 of Cr.P.C. for bail.
Heard Ld. Advocate for applicant and Ld. APP for the state. Perused
application, say and other documents on record.
2.

It is contention of the applicant that the applicant is
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arrested by Tilak Nagar Police Station, Mumbai in connection with
crime no. 40/2024 for the offence punishable u/secs. 395, 392, 170,
120(b), 201 r/w sec. 34 of IPC and Sections 3, 25 of Indian Arms Act. It
is contention of applicant that applicant is falsely implicated in this
case. It is further submitted that, alleged offence do not fall under the
provisions of Section 392 of IPC. There is variation in description of
culprit given by informant and applicant.

Applicant is permanent
resident in Mumbai. Applicant is in judicial custody since 20.01.2024.
Therefore, there is no need of further custodial interrogation of
applicant. Applicant has not criminal antecedents. Applicant is ready to
abide any conditions imposed by this Court. Hence, prayed for grant of
bail.
3.

Ld. APP and IO opposed the application. It is their
contention that investigation is preliminary stage. Amount of more than
50 Lakh is involved out of which Rs. 30,54,000/- and mobile is yet not
to be seized in this case. Accused Vijay Rasal is not yet to be arrested.
Prima facie involvement of applicant is disclosed during investigation.
In test identification parade applicant is identified by witness.

If
applicant is released on bail, he will abscond. Hence, prayed for
rejection of application.
4.

In view of submissions from both sides and on perusal of
first information report,
incident occurred on 16.01.2024 at about
11.00 am at Amar Mahal Junction Bridge, Chembur, Mumbai. At
relevant time informant Pankaj Singh was traveling in car with driver
Vinod More. At that time he was having cash of Rs.1,50,000/- with him
as well as office employee Mr. Dhiraj Wadhwan. At relevant time
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applicant represented him as CBI officer and taken away bags from the
car and asked them to come CBI Office with them. When they went to
CBI Office at BKC they came to know that by personification some one
taken away bags with them. Investigation is in progress. From the say of
investigation officer it reveals that entire amount involved in this case is
not recovered, some accused are yet to be arrested. As per the
submissions some amount is recovered at the instance of applicant.
Therefore prima facie involvement of applicant appears in the offence.
In such circumstance, if the applicant is released on bail at this stage
there is every possibility of tampering of evidence of prosecution as well
as threatening of witnesses. Hence I am of the opinion that, till
conclusion of evidence prayer of applicant for bail cannot be
considered. Therefore, I pass following order :-
ORDER
Criminal Bail Application No.410 of 2024 is hereby rejected and
disposed off accordingly.

Date : 03.04.2024
(A. A. Kulkarni)
Additional Sessions Judge,
Sessions Court,
Gr. Bombay (C.R.No.22)
Directly dictacted on computer : 03.04.2024
HHJ signed on
: 04.04.2024
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
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