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BA 1062/22 in CR No.9/22
MHCC020060162022
BEFORE THE DESIGNATED COURT UNDER THE M.P.I.D. ACT
CITY CIVIL & SESSIONS COURT, MUMBAI
BAIL APPLICATION NO. 1062 OF 2022
(CNR No. MHCC020060162022)
IN
CR no.9 OF 2022
Dnyaneshwar Vitthal Goriwale
Aged 55 years,
Address : Sai Mangal Chawl No.3,
Room No.10, B. R. Nagar, Diva Agason Road,
Diva (East), Thane400612.
]
]
]
]
Applicant/Org.
Accused
Versus
The State of Maharashtra.
(Through EOW, Unit VII)
]
]… Respondent
Appearances:
Ld. Advocate Vikee V. Yelve for Applicant.
Ld. SPP Mrs. Tendulkar for the State/ Respondent.
CORAM : HIS HONOUR JUDGE
SHRI C. V. MARATHE
(Court Room no. 7)
DATED : 12th May, 2022.
ORAL ORDER
1.
Perused
the
bail
application
by
suspected
accused
Dnyaneshwar Vitthal Goriwale in CR No. 9/2022 of EOW (Unit VII)
Mumbai, under Section 439 of The Code of Criminal Procedure, 1973
(hereinafter “Cr.P.C.) and reply (Exh. 2) filed thereto.
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2.
BA 1062/22 in CR No.9/22
The applicant has contended that he is falsely implicated in
the case, his presence with the police is not required for investigation,
he has no criminal antecedents, he is permanent resident of Mumbai
and he will abide by all conditions if imposed by the Court. Ld.
Advocate for the applicant submits that the prime suspect is already
released on bail by this Court on 29.04.2022 and the applicant be
released on bail on parity grounds. Ld. SPP submits that the offence is
very serious, investigation is not yet completed and therefore the
application be rejected.
3.
From the contents of FIR, it can be seen that the applicant
assisted the prime suspect Jay Gajjar to transfer shares from one
account to another account being an employee of the former. It is
important to note that the prime suspect Jay Gajjar is released on bail
by this Court on 29.04.2022. Ld. Metropolitan Magistrate granted
judicial custody to the applicant. It displays that the presence of the
applicant with the police for investigation was not found necessary and
therefore, he was granted judicial custody on the same day.
Considering all the aforesaid aspects, the applicant can be released on
bail after imposing conditions. Hence, order.
ORDER
1. Bail Application No. 1062 of 2022 is allowed and disposed of.
2. The applicant/suspected accused Dnyneshwar Vitthal Goriwale is
hereby released on bail in CR No. 9/2022 of EOW (Unit VII)
Mumbai, on furnishing PR bond of Rs. 1,00,000/ (Rs. One Lakh
only) and one or more sureties in the like amount.
3. The applicant shall surrender his passport before the investigating
officer within a period of one week of his release.
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BA 1062/22 in CR No.9/22
4. The applicant shall cooperate with the investigating authority
and he shall not tamper with the evidence or influence the
witnesses in any manner.
5. The applicant shall not leave India without prior permission of
this Court.
CHANDRASHEKHAR
VIJAYKUMAR
MARATHE
Date : 12.05.2022
Dictated on
Transcribed on
Signed on
: 12.05.2022
: 12.05.2022
: 12.05.2022
Digitally signed by
CHANDRASHEKHAR
VIJAYKUMAR
MARATHE
Date: 2022.05.12
15:06:52 +0530
( C. V. Marathe )
Addl. Sessions Judge,
City Civil & Sessions Court, Mumbai.
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BA 1062/22 in CR No.9/22
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT /ORDER”
On 12.05.2022 at 3.05 p.m.
UPLOADED DATE AND TIME
Mrs. G. P. Acharekar
NAME OF STENOGRAPHER
Name of the Judge (with Court Room no.)
H.H.J. C. V. Marathe
C.R. No.07
Date of Pronouncement of Judgment/Order
12.05.2022
Judgment /Order signed by P.O. on
12.05.2022
Judgment/Order uploaded on
12.05.2022