Ganesh Jalindar Jadhav Vs State of Maharashtra Bombay Sessions Court Criminal Bail Application No 1695 of 2022

IN THE COURT OF SESSIONS FOR GR.BOMBAY AT MUMBAI
BAIL APPLICATION NO.1695 OF 2022
CNR NO.MHCC02-009209-2022
Ganesh Jalindar Jadhav
Age : 32 years. Occ: Service
R/a: Room No.108, Shanti Apartment,
Sector-17, Airoli,
Navi Mumbai, Thane
Permanent Resident at
House No.1150, Teen Bawadi,
Mhatre Gaikar Chawl,
Ghansoli Gaon, Navi Mumbai,
Thane.

… Applicant/Accused
Versus
State of Maharashtra
(At the instance of Tilak
Nagar Police Station.)

… Respondent.

Ld. Advocate Mr. V. K.Shelar for applicant/accused.
Ld.APP Mr. Siroya for the State.
CORAM : HIS HONOUR THE ADDL.SESSIONS JUDGE
SHRI.M.S.KULKARNI (C.R.NO.56)
DATED : 2nd August, 2022
(DICTATED AND PRONOUNCED IN OPEN COURT)
ORAL ORDER
1.

This bail application is in respect of C.R.No.342/2022
registered with Tilak Nagar Police Station dated 29.04.2022 for the
offences punishable under Sections 384, 385, 419 of I. P. Code.
2.

The applicant/accused was arrested on 29.4.2022 and
remanded to police custody till 2.5.2022 and since 2.5.2022 he has
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been in judicial custody.
3.

FIR in short discloses that the first informant has been
serving as a manager in the company namely Shrinath Build Grand
Private Limited.

His company has been carrying project namely
Shrinath Darshan, at C.T.S 245, Tank Road, Bhandup (West).

The
applicant/accused on 11.4.2022 through his mobile made call to the
first informant pretending himself as Vice president of Anti Corruption
Board, Maharashtra State Unit and informed the first informant that in
the said project namely ‘Shrinath Darshan’ there were irregularities.
The applicant/accused accordingly asked the first informant to meet
him to have a talk on said irregularities on 15.4.2022 at ‘Shivraj Bar and
Restaurant’ situated at Kopari Naka, Thane. Accordingly on the meeting
was happened and at that time the applicant/accused demanded huge
amount from the first informant to allow the company of the first
informant
to
smoothly
proceed
with
the
project,
otherwise
applicant/accused would make complaint against the company of the
first informant to ED, CBI, ACB, SRA authority and Urban Development
Minister. The first informant informed the said fact to the Director of
the Company who denied to pay any amount to the applicant/accused.
4.

FIR further disclosed that, the directors of the company
approached the police station on 23.4.2022 by way of written
complaint. Then as per the plan to catch the applicant/accused raid
handed, the trap was laid and accordingly on 28.4.2022 the
applicant/accused was arrested while taking Rs.2 lakhs from the first
informant.

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5.

In short since 28.4.2022, the applicant/accused has been behind
bar.
6.

The offences levelled against the applicant/accused are as noted
above. Section 419 of IPC which provides maximum punishment of
three years imprisonment.

Section 385 of IPC provides maximum
punishment of 2 years and 384 which caries maximum punishment of 3
years. In short the maximum imprisonment for alleged offences is three
years.
7.

APP strongly objected the application on the ground that
the applicant/accused have made false documents showing himself as a
vice president of the ACB state Unit. But one thing is clear that the
State has not applied any offence about forgery against the
applicant/accused.
8.

The
next
fair
expressed
by
the
State
is
that
if
applicant/accused is released on bail, he would commit same offence in
future. Only on this fair the applicant/accused who is levelled with the
offences which carries maximum punishment of imprisonment of three
years cannot be keep behind bar further more. The applicant/accused
is permanent resident of Maharashtra. So considering all these facts I
pass following order.
ORDER
1.

Bail Application No. 1695/2022 is allowed.

2. Applicant/Accused Ganesh Jalindar Jadhav is released on bail in
C.R.No. 342 of 2022 on furnishing PB and SB of Rs. 25,000/- (Rs
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Twenty Five Thousand only) with one or two surety in the same
amount.
3.

Provisional cash security of Rs.25,000/- is allowed, which will
remain in force for two months. Meanwhile applicant/accused has to
furnish surety as directed above.
4. He shall not flee from justice.
5. He shall not tamper with the evidence and co-operate with the
investigating officer in investigation.
6. He shall not engage himself in such activities henceforth.
7. Bail before the Lower Court.
8. Bail Application No. 1695/2022 stands disposed off accordingly.

Date : 02.08.2022.
Dictated on
Typed on
draft checked on
Retyped on
Signed on
: 02.08.2022.
: 05.08.2022.
: 06.08.2022
: 07.08.2022
: 08.08.2022
(M.S.Kulkarni)
Addl.Sessions Judge,
City Civil and Sessions Court,
For Greater Bombay
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“ CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE AND TIME
NAME OF STENOGRAPHER
: 8.08.2022 at 12.10 p.m.
: Mrs.Prajakta K. More
NAME OF THE JUDGE
HHJ SHRI.M.S.Kulkarni
(C.R.No.56)
Date of Pronouncement of Order
02.08.2022
Order signed by the P.O. On
08.08.2022
Order uploaded on
08.08.2022