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IN THE COURT OF SESSIONS FOR GREATER MUMBAI AT MUMBAI
CRIMINAL BAIL APPLICATION NO.1788 OF 2022
CNR NO. MHCC02­009661­2022
Jagdish Gyarsimal Goud
Age: 42 years, Occ.: Business,
R/at : Room No.34, Building No.25/27,
2nd Floor, Anantwadi, Atmaram Merchant Road,
Mumbai 400 002.
…Applicant/Accused
Vs.
The State of Maharashtra
(Through L.T. Marg police station)
…Respondent/State
Appearances :­
Mr. Chetan Bane, Ld. Advocate for applicant/accused.
Ms. Ratnavali Patil, Ld. SPP for the Respondent/State.
CORAM : H. H. THE ADDL. SESSIONS JUDGE,
SHRI A.A. KULKARNI (C.R. NO.24)
DATED : 30TH AUGUST, 2022
(ORAL ORDER)
(Dictated and pronounced in the open Court)
This is an application for bail under Section 439 of Cr. P.C.
Heard Ld. Advocate for the applicant and Ld. APP for the State. Perused
documents on record.
2.

The Ld. Advocate for applicant submitted that applicant is
arrested by L.T. Marg police station in connection with C.R.
No.26/2022 for the offence punishable under Section 409, 406, 417,
418, 420, 120­B, 411 r/w 34 of IPC. As per allegation of informant, he
is doing business of clothes in the name of S & N Company. One Iqbal
Khan introduced informant with Ujwal Day owner of Max Global Impex,
Exports of High Fashion Garment and Fabrics having office at Lower,
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Mumbai. They purchased clothes from informant and failed to pay
amount of informant. Therefore, informant lodged report against them.
During investigation, police arrested applicant on the grounds that
clothes were found with applicant which were purchased by other
accused from informant. Ld. Advocate for applicant submitted that
applicant is falsely implicated in this case. During investigation, cash of
Rs.5,00,000/­ and clothe material worth Rs.15,37,000/­ has been seized
at the instance of applicant. Applicant is a businessman and permanent
resident of Mumbai. Investigation of the case is completed and charge­
sheet is filed before Ld. Metropolitan Magistrate, 28 th Court, Esplanade,
Mumbai having case No. 433/PW/2022. It is further contended that as
nothing is to be seized at the instance of applicant and investigation is
completed, hence, prayed for grant of bail.
3.

Ld. APP and investigating officer opposed application on
the ground that during investigation, out of misappropriated property,
cash of Rs.5,00,000/­ and clothe material worth Rs.15,37,000/­ is
seized at the instance of applicant. If the applicant is released on bail,
he may dispose of remaining property. He may tamper evidence of
prosecution and threaten witnesses. Hence, prayed for rejection of
application.
4.

In view of submissions from both sides, it is clear that there
are no direct allegation against the applicant of commission of
misappropriation or cheating to the informant. During investigation, it
is on record that applicant purchased clothes from other accused. Only
some portion of alleged property is seized at the instance of applicant. It
will be matter of trial. As the investigation is completed and charge­
sheet is filed. In such circumstances, there is no need of detention of
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applicant for indefinite period. Trial will take its own time. Till then
applicant is entitled to be released on bail. Hence, I passed the
following order :­
ORDER
1.

Criminal Bail Application No. 1788 of 2022 is allowed.

2.

Applicant/accused Jagdish Gyarsimal Goud be released on bail on
furnishing P.R. Bond of Rs.25,000/­ along with one or two
sureties of like amount and cash surety of Rs.25,000/­ in
connection with Crime No.26/2022 registered with L.T. Marg
police station.

3.

Applicant/accused shall attend L.T. Marg police station on notice
by Investigating Officer.

4.

Applicant/accused shall furnish his residential address proof and
contact numbers to Investigating Officer.

5.

Applicant/accused shall not directly or indirectly, make any
inducement, threat or promise to any person acquainted with the
facts of the case so as to dissuade him from disclosing such facts
to the Court or to any Police Officer.

6.

Applicant/accused shall not leave India without previous
permission of the Court.

7.

Bail before Ld. Court below.

8.

Criminal Bail Application No.1788 of 2022 stands disposed of
accordingly.

Date : 30.08.2022
Dictated on
: 30.08.2022
Transcribed on : 30.08.2022
HHJ signed on : 30.08.2022
[A.A. KULKARNI]
ADDITIONAL SESSIONS JUDGE
GREATER MUMBAI
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
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JUDGMENT /ORDER
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