CRI. BA 315/2024
1
ORDER
MHCC020022482024
IN THE COURT OF SESSIONS FOR GREATER BOMBAY
AT MUMBAI
CRIMINAL BAIL APPLICATION NO. 315 OF 2024
( CNR NO.: MHCC02-002248-2024 )
Md. Hasanna Jarar Hussain khan
Age: 48 years, Occu: Nil
R/at:- 201, Sanraaj Apartment, 2nd Floor,
Tulshet Pada, Bhandup (w), Mumbai
V/s.
The State of Maharashtra,
(At the instance of Bhandup
Police Station vide C.R.No.528 of 2023 )
…Applicant/Accused
…Respondent/State.
Appearance:Ld. Advocate Pramod Kumbhar for the applicant/accused.
Ld. S. P.P. S.V. Kekanis for the State/respondent.
CORAM : H.H. THE ADDL. SESSIONS JUDGE
S.M. TAPKIRE (C.R.60)
DATE : 29.02.2024.
ORDER
1.
This is an application under Section 439 of Code of
Criminal Procedure, 1973 (hereinafter referred to as Cr.P.C) in
connection with the crime vide C.R. No. 528 of 2023 dated 25.08.2023
registered with respondent/state for the offences punishable under
Sections 405, 406, 420, 409, 509 r/w. 34 and 120(B) of the Indian
Penal Code, 1860.
CRI. BA 315/2024
2.
of
2
ORDER
The respondent/state has strongly opposed to the bail plea
the
applicant on various
grounds
by
filing
their
written
say/submission at Exh-4.
3.
Perused the application, plea submissions, grounds raised
therein coupled with the documents placed reliance by the applicant.
Also, perused the written say/objection of respondent/state. Heard Ld.
Advocate for the applicant and the Ld. S.P.P. for respondent/state.
4.
Having heard to the rival parties and considered their
raised submissions contentions and record availed prima-facie it
inclined in impugned crime the applicant and other Eight (08) culprits
are involved. The co-accused Sonali Rana, Pranoti Mhatre, Umer Pathan
have availed the protection of pre-arrest bail as they are employee of
the involved F.E. M/s. Parlex Pvt. Ltd. (hereinafter referred to as said
F.E.), BMC Market, Bhandup (West), Mumbai. The co-accused Sarthak
Tayappa Gadivadar is also enlarged on bail as he was employee of
applicant and the said F.E. It revealed the five co-accused are yet to
detected and arrested. It is alleged against the accused that the
applicant is the owner, managing director and proprietor of the said F.E.
Allegedly he has hatched conspiracy with his companion co-accused for
grabbing the money from the unemployed persons by published
advertisements in prominent newspaper for availing employment with
dishonest fraudulent intentions. Upon approached to them by
unemployed persons, they used to direct them to deposit Rs.4,000/everyone for availing I-Card, uniform and for other requirements and
lateron used to resiled from availing job to any one. It reveals the
complainant and the certain victims have approached to the police
CRI. BA 315/2024
3
ORDER
department and raised serious in natures allegations in regard to
commission of economic crime by the applicant and his companions.
5.
The applicant has denied the entire allegations grievance
and especially come with the case that his earlier bail plea is pleased to
rejected especially on the ground of investigation is at nascent stage and
as per record considerable cognizable role to commit the crime by
applicant is revealing. However, at now the investigation is completed
and charge-sheet is submitted on 20.11.2023. He is arrested on
25.08.2023. Till now, the remaining alleged absconded five culprits are
yet to detected transpired and arrested. His bail plea is rejected by the
Ld. Trial Court principally on the ground that merely submission of
charge-sheet could not a ground to consider appreciate the factum of
change in circumstance as well as his involvement in serious in natures
crime. The same are unconsiderable. He also raised general grounds.
6.
The respondent/state has vehemently objected to the bail
plea of applicant principally on the ground that the applicant is historysheeter and against him heap of the serious in natures economic crime
are raised in Bhandup Police Station. Even preventive action was also
initiated against him. The applicant and his companion by hatched
criminal conspiracy grabbed misappropriated looted to the unemployed
person by lured and given not viable/possible promise and assurance
for availing employment to them and in lieu of their said promise
accepted Rs.4,000/- from every person. Thereby, the applicant has
grabbed crores of amount and lateron resiled from his promise
assurance to avail employment. He is the owner controller managing
director of said F.E. In that regard sufficient evidence is availed against
CRI. BA 315/2024
4
ORDER
him. The Ld. Trial Court has properly rejected his bail plea. He has
misappropriated and beneficiary of the entire involved amount.
Thereby, he does not deserve for liberty though charge-sheet is
submitted. They also raised general objections.
7.
In above circumstance cautiously considered the entire
record material availed raised submissions contentions and objections
raised the rival parties prima-facie inclined one of the accused who is
employee of said F.E. namely Sarthak Gadivadar is arrested and
enlarged on bail. Three co-accused who are employees of said F.E. have
availed
protection of pre-arrest bail. The applicant is arrested on
25.08.2023. His bail plea prior to submission of charge-sheet and after
submission of charge-sheet is pleased to rejected by the Ld. Trial Court.
His bail raised before this court prior to submission of charge-sheet is
rejected by this order dated 06.11.2023, in Criminal Bail Application
No.2783 of 2023 especially on the ground the investigation is at nascent
stage. The co-accused are absconded and certain material is availed
against him. However, at now investigation is completed and chargesheet is submitted on 20.11.2023. The same is registered by as Criminal
Case No.764 of 2023. The record enclosed with the charge-sheet
clarified that the certain accused are yet to clarified detected and
arrested. Against the applicant raised the plea allegations grievance that
he is owner of said F.E. he along with his employees by conspired during
the period of September 2016 to August 2023 by lured instigated
deceived cheated to the unemployed persons and from them accepted
the amount Rs.5,000/- each for availing training uniform and other
purpose. However, he resiled from it and misappropriated in all amount
Rs.1,08,00,000/-. He did not return any amount to any unemployed
CRI. BA 315/2024
5
ORDER
person. Considering the same and record availed would reveal there are
in all 35 witnesses are concerned with the trial. Even certain
considerable documentary evidence is also enclosed with the final
report. In the above circumstance I felt obviously inevitable time would
take to commence and conclude the trial. I also felt that in view of
levelled allegations against applicant in regard to commission of
economic crime and the involved alleged misappropriated amount
Rs.1,08,00,000/- by saddling stringent conditions would appropriate to
have liberty to him. Hence, I am inclined to have the relief sought by
the applicant subject to following conditions.
:ORDER:
1.
The present Criminal Bail Application No. 315 of 2024 is hereby
allowed, subject to following conditions by the applicant/accused.
a.
The applicant Md. Hasanna Jarar Hussain khan, age 48 years,
residing at 201, Sanraaj Apartment, 2nd Floor, Tulshet Pada, Bhandup
(w), Mumbai be released on executing a P.R. Bond of Rs.10,00,000/(Rupees Ten Lakhs Only) and furnish one or two solvent sureties in the
like amount in connection with the crime vide C.R. No. 528 of 2023
registered with Bhandup Police Station for the offences punishable
under Sections 405, 406, 420, 409, 509 r/w. 34 and 120(B) of the
Indian Penal Code, 1860.
b.
The applicant shall not tamper or hamper the prosecution
witnesses and evidence by any manner.
c.
The applicant shall record his attendance with respondent/
Bhandup Police Station on every 5th date of every month regularly and
without fail until conclusion of trial of impugned crime.
CRI. BA 315/2024
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ORDER
d.
The applicant shall attend every date of trial without fail.
e.
The applicant shall not indulge in any criminal activity.
f.
The applicant shall not leave India without prior permission of
Ld. Trial Court.
g.
The applicant shall submit his proper considerable residential
address proof as well as telephone and cell numbers with respondent, in
view of his contact.
h.
The applicant to make surety compliance before Ld. Trial Court.
i.
Accordingly, inform to the Ld. Trial Court, Investigating Officer/
Bhandup Police Station by sending copy of this order.
j.
The respondent/Bhandup Police Station to take note of this order.
k.
The present Criminal Bail Application No.315 of 2024 stands
disposed of accordingly.
Dictated and pronounced in open court
Sd/-
Dictated on
Transcribed on
Date of sign
: 29.02.2024
: 29.02.2024
: 01.03.2024
(S.M. Tapkire)
Addl. Sessions Judge
Sessions Court,
Mumbai. C.R. 60
CRI. BA 315/2024
7
ORDER
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
01/03/2024, 3.52 p.m.
UPLOAD DATE AND TIME
Mr. Prasad S. Pednekar
NAME OF STENOGRAPHER
Name of the Judge (with Court Room No.)
HHJ S.M. Tapkire,(C.R.No.60)
Addl. Sessions Judge.,City Civil & Sessions
Court, Mumbai.
Date of pronouncement of Judgment/Order
29.02.2024
Order signed by P.O. on
01.03.2024
Order uploaded on
01.03.2024