1
B.A.406/24
MHCC020027622024
IN THE COURT OF SESSION FOR GREATER BOMBAY
CRIMINAL BAIL APPLICATION No.406 OF 2024
Jagdish Rambhau Jamsandekar
Age : 53 years, Occ : Nil,
Residing at B wing, Sai Vishaka,
Room No.40, Near Raj Nagar,
Rickshaw Stand, Nalasopara East,
District Palghar.

… Applicant
– Versus The State of Maharashtra
(At the instance of DCB CID
Unit-3 Mumbai vide CR. No.62/2023
(Corresponding C.R.No.515/2023,
Agripada Police Station)
… Respondent
Appearance :Advocate R.G. Gadgil for the applicant.
APP Iqbal Solkar for the respondent / State
CORAM : RAJESH A. SASNE
ADDITIONAL SESSIONS JUDGE,
COURT ROOM No. 30.
DATED : 23/02/2024
ORDER
This is bail application by the accused u/sec.439 of
Criminal Procedure Code for releasing him on bail in connection with
C.R.No.62/2023
registered
with
DCB
CID,
Unit-3,
Mumbai
(Corresponding C.R.No.515/2023, Agripada Police Station) for the
2
B.A.406/24
commission of offences punishable u/sec.419, 420, 465, 467, 468, 471,
120(b) of the Indian Penal Code.
2.

It is alleged by the applicant / accused that he is innocent
and falsely implicated in the present case. The accused is arrested on
22.09.2023. He has undergone custodial interrogation. The applicant /
accused has no criminal antecedent. Charge sheet is filed. Investigation
is completed. Therefore, there is no point in keeping accused behind
bars. He is permanent resident of his given address therefore applicant /
accused prayed for releasing him on bail.
3.

The prosecution opposed the application by filing reply
vide Exh.2. It is the contention of the prosecution that if accused is
released on bail it will affect on the collection of evidence. If accused is
released on bail there are chances of flee away from justice. If accused
is released on bail there are chances of threatening of prosecution
witnesses and tampering of prosecution evidence. Hence, prosecution
prayed for rejection of the application.
4.

Read the application, say filed by the prosecution. Heard
the ld. Advocate for the applicant, ld. APP for the respondent / State.
5.

I have gone through the documents on record. It is the case
of the prosecution that the report has been lodged against the accused
that the accused induced the informant and witnesses to obtain credit
cards or to obtain the home loan and thereafter by forged documents,
misused the valuable documents of the informant and the witnesses and
thereby deceived them. The applicant / accused was arrested on
25.09.2023. There is serious case of forgery of the valuable documents.

3
B.A.406/24
There is cheating with the informant and the witnesses for the purpose
of obtaining loan or credit card. There is fabrication of government
documents. These documents were produced before the bank for
obtaining loan. Mobile Sim cards were obtained in the name of the
customers. They were retained by the accused with them. The accused
were communicating with the banks with the use of such Sim cards. By
the use of credit cards of the customers, the accused have withdrawn
certain amount. Near about 300 credit cards were obtained.
6.

It is alleged that the informant Santosh Jadhav was duped
for Rs.4,49,986/-. During the investigation it was revealed that the
accused have cheated near about 20 persons. Said fraud is of
Rs.87,91,000/-. The role attributed to the present applicant / accused is
that he helped the co-accused to prepare forged documents required for
obtaining the loan. He prepared forged ITR and TDS returns. He also
created flex / Banners to show businesses at the concern addresses. The
accused is behind bars since more than three months. Charge sheet is
already filed. Investigation is completed. He is facing trial for the
offences punishable u/Sec.419,420,465,467,468,471 of the IPC. As
aforesaid charge sheet is already filed. Trial will take its own course and
time to conclude. Till then the applicant can not be kept behind bars. If
reasonable conditions securing his presence are imposed, he will be
entitled for the bail. The accused Manju Gaikwad is released on bail.
Hence, on the ground of parity the accused is entitled for the bail. In the
result, I pass the following order :
ORDER
1.

Criminal Bail Application No.406 of 2024 is allowed.

2.

The Applicant / Accused Jagdish Rambhau Jamsandekar, arrested
4
B.A.406/24
in C.R.No.62/23 (corresponding C.R.No.515/23, Agripada Police
Station) under Section 419, 420, 465, 467, 468, 471, 120-B of the
Indian Penal Code, 1860 registered with DCB CID, Unit-3, Mumbai be
released on bail on furnishing P.B. and S.B. of Rs.25,000/- with one or
two sureties.
3.

The applicant / accused shall not tamper with the prosecution
witnesses and evidence in any manner.
4.

The applicant / accused shall attend the concern police station on
1st and 4th Saturday of every month between 11.00 a.m. to 2.00 p.m. till
next three months.
5.

Provisional cash bail in the like amount is allowed. The accused
shall furnish surety within 4 weeks from the date of release from jail
failing which the cash bail shall stand forfeited without any separate
order to that effect.
6.

The applicant / accused shall not leave India without prior
permission of the Court.
7.

Bail before the concern Magistrate.

Date : 23/02/2024
Dictated on
Transcribe on
Signed by HHJ on
: 23.02.2024
: 28.02.2024
: 01.03.2024
( RAJESH A. SASNE)
Additional Sessions Judge,
Gr. Mumbai.

5
B.A.406/24
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
ORDER.”
01/03/2024
5.07 p.m.

UPLOAD DATE
TIME
J.S. Chavan
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 23/02/2024
ORDER signed by P.O. on
01/03/2024
ORDER uploaded on
01/03/2024