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Cr. B.A. No.430/2024
MHCC020029232024
IN THE COURT OF CITY CIVIL AND SESSIONS AT GRATER BOMBAY
COURT ROOM NO.23
(Presided over by Shri N. P. Tribhuwan, Additional Sessions Judge)
CRIMINAL BAIL APPLICATION NO.430 OF 2024
Applicant :
Accused
Guruprasad Shivnath Gosavi
Age : 31 years, Occu : Business,
R/at : Room No.1, Shivnath Gosavi,
Chawl No.3, Parsiwadi, Ghatkopar (W),
Mumbai.
VERSUS
Prosecution :
The State of Maharashtra
Through Pydhonie Police Station
Mr. Satish Mishra, learned Advocate for Applicant.
Mrs. Ranjana Budhwant, learned APP for the State.
ORDER
(Delivered on 21/02/2024)
This is an application under Section 439 of Cr.P.C. for
releasing accused Guruprasad Shivnath Gosavi on bail in Crime
No.906/2022 registered with Pydhonie Police Station, Mumbai for
offence punishable u/Sec. 409, 420 r/w 34 of Indian Penal Code.
2.

Heard learned Counsel for applicant and learned APP for
the State. Perused Bail Application, say/reply and documents.
3.

It is case of prosecution that complainant/informant Rajesh
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Cr. B.A. No.430/2024
Jamnadas Thakkar has lodged report/complaint on 04/08/2021. On the
basis of said report, the police authority has registered Crime
No.906/2022 on 01/08/2022 for offence punishable u/Sec. 409, 420 of
IPC. Informant alleged that he is running business of cattle feed /
Pashu-aahar. He has appointed 40 agents to supply the said product to
businessmen. Proprietor of Nilesh Kumar and Company namely Dhanji
Lakhmai Thakkar and his son Bipin Dhanji Thakkar are also agents of
informant from 15 years. Prior to June 2019, Dhanji and Bipin had paid
regularly the amount of cattle feed.
4.

Thereafter, informant has supplied the said product to
Bipin Dhanji Thakkar from June 2019 to January 2020. The said Bipin
has told that he has supplied the said product to (i)Maharaja Dairy
Farm, (ii) Lucky Dairy Farm and (iii) Mustaq Firoj. The said cattle feed
product was total worth of Rs.24,59,168/-. In March 2020, the
informant has asked Bipin about the payment of said material but he
replied that the above businessmen have not paid the amount.
Therefore, informant inquired the said businessmen and they told that
they had paid the amount to Bipin some in cash and some through
cheques.
5.

As per the reply filed by Investigating Officer, during
investigation, it revealed that present applicant/accused Guruprasad
and Riten Dinesh Dube are also involved in this offence. They in
furtherance of their common intention with Bipin Thakkar, committed
this crime. Accused Guruprasad stated that he has paid the said amount
to accused Bipin but the accused Bipin stated that he has not received
the said amount from accused Guruprasad. There is likelihood that in
this way accused have also cheated other persons.

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6.

Cr. B.A. No.430/2024
Learned counsel of accused argued that I.O. has arrested
applicant/accused on 05/02/2024 and sought his police custody till
08/02/22024. Now he is in Magisterial custody. The investigation is
completed viz-a-vise accused is thoroughly interrogated. Nothing is
recoverable and no further inquiry or investigation has to be done.
Applicant/accused has been falsely implicated in this crime with ulterior
motive to extract money from him. There is no role of accused in the
alleged crime. Merely on the accusation from main accused, the present
applicant is roped in this crime.
7.

Offence punishable u/Sec.409 of IPC is criminal breach of
trust by public servant or by banker, merchant or agent. Present
applicant/accused is not agent or public servant. Prima facie it seems
that there is no entrustment of property with the present accused. As far
as Sec. 420 of IPC is concerned, it seems that prima facie it is case of
sale and purchase of cattle feed products, of which accused have not
made the payment.
8.

Prosecution has arrested present accused on 05/02/2024
and now he is in Magisterial custody. The evidence is documentary in
nature. Offence u/sec. 409 of IPC is punishable with imprisonment for
life or imprisonment for 10 years. Accused has no criminal antecedent.
Considering the nature of offence, allegations and in view of above
facts, it is desirable to release accused on bail. Hence, I pass following
order.
ORDER
1.
Criminal Bail Application No.430 of 2024 is allowed as
under.

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Cr. B.A. No.430/2024
2.
Applicant/accused Guruprasad Shivnath Gosavi is released
on bail in Crime No.906/2022 registered with Pydhonie Police
Station, Mumbai for offence punishable u/Sec. 409, 420 r/w 34
of Indian Penal Code; subject to conditions:
i) Accused/Applicant shall execute a Personal Bond for a sum of
Rs.15,000/- with one or more sureties in the like amount.
ii) Applicant shall not tamper with any of the prosecution
witnesses, directly or indirectly.
iii) Applicant shall co-operate with the investigation and make
himself available for interrogation whenever required.
iv) Applicant shall not misuse his liberty.
v) Applicant shall furnish his detail address and mobile number
to the investigation officer and the concerned court. In case
applicant change his residence/address and mobile number, he
shall furnish the same to the I.O and concerned court.
3. Bail before learned trial court.
4. Inform to the learned trial court.
Date : 21.02.2024.

(N.P. Tribhuwan)
Additional Sessions Judge,
C.R.No. 23, Gr. Mumbai.

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Cr. B.A. No.430/2024
Direct dictated on : 21.02.2024
Checked on
: 21.02.2024
Signed on
: 21.02.2024
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
21.02.2024 at 5.30 p.m.
UPLOAD DATE AND TIME
Mrs. K.S.Bhosale
NAME OF STENOGRAPHER
Name of the Judge (With Court Room HHJ SHRI N. P. TRIBHUWAN
No.)
(C.R.No.23)
Date of Pronouncement of JUDGMENT 21.02.2024
/ ORDER
JUDGMENT/ORDER signed by P.O. on 21.02.2024
JUDGMENT/ORDER uploaded on
21.02.2024