1
IN THE COURT OF SESSIONS FOR GREATER MUMBAI AT MUMBAI
CRIMINAL BAIL APPLICATION NO.1697 OF 2022
CNR NO. MHCC020092662022
Miss Dipika Prakash Mali
R/at : Room No.250 Mankavli,
Telephone Exchange Area, Anjur,
Taluka Bhivandi, Dist. Thane 421302.
…Applicant/Accused
Vs.
The State of Maharashtra
(At the instance of DCB CID, Unit III)
…Respondent/State
Appearances :
Mr. Vikas Kamble, Ld. Advocate for the applicant/accused.
Ms. Ratnavali Patil, Ld. APP for the Respondent/State.
CORAM : H. H. THE ADDL. SESSIONS JUDGE,
SHRI A.A. KULKARNI (C.R. NO.24)
DATED : 30TH JULY, 2022
(ORAL ORDER)
(Dictated and pronounced in the open Court)
This is an application for bail under Section 439 of Cr. P.C.
Heard Ld. Advocate for the applicant and Ld. APP for the State. Perused
documents on record.
2.
Ld. Advocate for applicant submitted that Crime Detection
Branch received information about cheating of persons in the name of
Tata Capital in the area of Ghatkopar West. According to information,
they effected raid at Shripal Building, M.G. Road, Ghatkopar (W),
Mumbai. During raid and search they found applicant alongwith Satish
Durgule, Sagar Phatak and Prathamesh Patade. Hence, on allegation of
cheating, forgery and preparation of false documents, police arrested
2
applicant and other three persons. It is contended by applicant that
investigating is completed. During investigation, two mobile phones,
four sim cards, Pan Card of applicant, one diary, one nootbook and
amount of Rs.100/ is seized from applicant. Except these articles, there
is no evidence of cheating, forgery and other charges levelled by
investigating officer against applicant. It is further contended that
applicant was working as employee of company run by Satish Durgule.
She has not received any amount from any person. It is submitted that
as investigation is completed, there is no prima facie evidence against
applicant of involvement in cheating and other activities. Hence, prayed
for grant of bail.
3.
Ld. APP filed say Exh.2 and opposed the application on the
ground that applicant and other persons were running Call Center in
the name of Tata Capital company. During investigation, it is revealed
that there is cheating of four persons of amount of Rs.1,98,300/. There
is conspiracy. Four accused are yet to be arrested. Offence is serious,
technical and complicated. Hence, prayed for rejection of the
application.
4.
In view of submissions from both the sides and on perusal
of documents, it is clear that investigation against applicant is
completed. There are no specific allegations about cheating of applicant
to any person. It is further clear that the alleged company was run by
accused Satish Durgule. Prima facie there is nothing on record showing
that by committing cheating, applicant received any benefit. As per
prosecution case, nothing is to be seized at the instance of applicant in
future. There are no criminal antecedents against applicant. Therefore,
in such circumstances, I am of the opinion that as investigation is
3
completed, nothing is to be seized at the instance of applicant, there is
no point to detain applicant further for indefinite period. Therefore,
applicant is entitled to be released on bail. Hence, I passed the
following order :
ORDER
1.
Criminal Bail Application No. 1697 of 2022 is allowed.
2.
Applicant/accused Miss Dipika Prakash Mali be released on bail
on his furnishing P.R. Bond of Rs.25,000/ along with one or two
sureties of like amount in connection with C.R. No.21/2022
registered with DCB CID, Unit III.
3.
Applicant/accused shall attend DCB CID, Unit III office on notice
by Investigating Officer.
4.
Applicant/accused shall furnish her residential address proof and
contact numbers to Investigating Officer.
5.
Applicant/accused shall not directly or indirectly, make any
inducement, threat or promise 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.
6.
Applicant/accused shall not leave India without previous
permission of the Court.
7.
Bail before Ld. Court below.
8.
Criminal Bail Application No.1697 of 2022 stands disposed of
accordingly.
Date : 30.07.2022
Dictated on
: 30.07.2022
Transcribed on : 30.07.2022
HHJ signed on : 30.07.2022
[A.A. KULKARNI]
ADDITIONAL SESSIONS JUDGE
GREATER MUMBAI
4
5
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
Upload Date
01.08.2022
Upload Time
4.30 p.m.
Name of Stenographer
PRAJWALA V. PHODKAR
Name of the Judge (With HHJ SHRI. A.A. KULKARNI (CR 24)
Court Room No.)
Date of Pronouncement
JUDGMENT /ORDER
of 30.07.2022
JUDGMENT /ORDER signed by 30.07.2022
P.O. on
JUDGMENT /ORDER uploaded 01.08.2022
on