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B.A. 669/24
MHCC020042882024
Presented on
Registered on
Decided on
Duration
: 13-03-2024
: 14-03-2024
: 26-03-2024
: 13 DAYS
IN THE COURT OF SESSIONS FOR GREATER BOMBAY
CRIMINAL BAIL APPLICATION No. 669 OF 2024
Harish Sanjiva Shetty age 57 years
Address: Resident of Mumbai,
Mumbai 400 004.

… Applicant/Accused No.1
– Versus The State of Maharashtra
(At the instance of DCB CID Unit XII
C.R.No.68/2023 registered with DCB CID
Unit XII (corresponding C.R. No.787/2023,
Dindoshi Police Station))
… Respondent
Appearance :Mr.Sunil Pandey Advocate for the applicant.
Mr. Iqbal Solkar, A.P.P. for the respondent.
CORAM : RAJESH A. SASNE,
ADDITIONAL SESSIONS JUDGE,
COURT ROOM No. 30.
DATED : 27/03/2024
ORDER
This is an application filed by the accused u/sec.439 of
Criminal Procedure Code for releasing him on bail in connection with
C.R.No.68/2023 registered with DCB CID Unit XII (corresponding C.R.
No.787/2023, Dindoshi Police Station) for the offences punishable
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B.A. 669/24
u/sec. 420, 465, 467, 468, 471, 34 of the Indian Penal Code.
2.

It is alleged by the applicant / accused that the applicant is
falsely implicated in the present case. He was arrested on 21.11.2023.
Co-accused are already released on bail and therefore applicant prayed
for bail on the ground of parity. There is no role attributed to the
present applicant.

Nothing is to be seized or recovered from his
possession. Investigation is almost over. Therefore, there is no point in
keeping accused behind the bar. He is permanent resident of his given
address . Therefore, he prayed for releasing him on bail.
3.

The
prosecution opposed the application by filing reply
vide Exh.2. The contention of the prosecution is that if the accused is
released on bail it will affect the collection of evidence.

The
investigation is not completed. If accused is released on bail there will
be possibility of tampering of prosecution evidence. There is possibility
of repetition of same crime at the hands of the accused. The
investigation is in progress and there is possibility of flee from the
justice. Hence, the prosecution prayed for rejection of the application.
4.

Read the application, say filed by the prosecution. Heard ld.

Advocate for the applicant and Ld. APP for the State / Respondent.
5.

I have also gone through the application, reply, documents
filed on record. It is the case of the prosecution that the accused cheated
the informant by showing forged release order of RBI and forged test
reports of BARC. It is the contention of the respondent that the accused
have also prepared forged documents of DRDO. They have taken
amount from the witnesses on the basis of forged documents. According
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B.A. 669/24
to the prosecution the applicant is the main accused, he was found
possessing fabricated release order of RBI and fabricated test report of
Bhabha Automic Research Center. Accordingly report is lodged and
offence is registered.

The present applicant has been arrested on
21/11/2023.
6.

From the record it appears that the role attributed to the
present applicant is that he created the forged document. From his
possession, alleged release order was recovered.
amount by cheating the persons.

He accepted the
The investigation in the present
offence is completed. The chargesheet is already filed. Trial will take
it’s own course and time to conclude the case. The applicant has been
arrested on 21/11/2023. Since more than three months he is behind
the bars. Further incarceration of the applicant is not warranted. If
reasonable conditions are imposed, he will be entitled for the bail.
Hence, I pass the following order:-
ORDER
1]
Bail Application No.669 of 2024 is allowed.

2]
Applicant
/
Accused
Harish
Sanjiva
Shetty
arrested
in
CR.No.68/2023 registered with DCB CID, Unit XII (Corresponding C.R.
No.787/2023, Dindoshi Police Station) for the commission of offences
punishable under Section 420, 465, 467, 468, 471, 34 of the Indian
Penal Code be released on bail on furnishing P.B. and S.B. of
Rs.30,000/- with one or two sureties
3]
The applicant / accused shall not tamper with the prosecution
witnesses and evidence in any manner.

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4]
B.A. 669/24
The applicant/accused shall attend every date of the case till
conclusion of trial unless exempted specifically.
5]
The applicant / accused shall not leave India without prior
permission of the Court.
6]
Bail before the learned Trial Court.

( RAJESH A. SASNE)
Date : 26/03/2024
Dictated on:
Transcribed on:
Signed by HHJ on
Additional Sessions Judge,
Gr. Mumbai.

26/03/2024
28/03/2024
30.03.2024
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
ORDER.”
30/03/2024.

5.00 p.m.

UPLOAD DATE
TIME
Mrs.T.C.Kamble
NAME OF STENOGRAPHER
Name of the Judge (With Court H. H. Additional Sessions Judge Shri.
Room No.)
R.A. SASNE, Court Room No. 30.
Date of Pronouncement of ORDER 26/03/2024
ORDER signed by P.O. on
30/03/2024
ORDER uploaded on
30/03/2024