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BA 1561/22
CNR No.MHCC02-008456-2022
IN THE COURT OF SESSIONS FOR GREATER BOMBAY
BAIL APPLICATION No. 1561 OF 2022
IN
C.R. NO. 06 OF 2022
Jethmal Panchananmal Chandan
Age 35 years, Occ Service,
R/a Room No.21, 2nd Floor,
Shree Sai Bhavan,
12th Lane Khetwadi,
Girgaum, Mumbai-400004
… Applicant
V/s.
The State of Maharashtra
V. P. Road Police Station
… Respondent
Appearance :Mr. R.V. Gupta, Advocate for applicant.
Mr. Abhijeet Gondwal, A.P.P. for respondent.
CORAM : SHRI. S.D. KULKARNI,
ADDITIONAL SESSIONS JUDGE,
COURT ROOM No. 30.
(Incharge Court of C.R.NO.37)
DATED : 29/06/2022.
ORDER
This is an application filed by the accused u/sec.439 of
Criminal Procedure Code for releasing him on bail.
2.

It is alleged by the accused that, he falsely implicated in the
present case. Police has already filed chargsheet against the accused
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BA 1561/22
there is no recovery or discovery at the instance of applicant/accused.
Therefore, custodial interrogation of the accused is not required. Hence
accused prayed for releasing him on bail. The applicant/accused was
arrested by V. P. Road Police Station on 23.06.2022. The police has not
issue notice or summons to the accused to after completion of
investigation filed chargesheet in Ld. Addl. Chief Metropolitian
Magistrate 4th Court Girgaum.

The applicant/accused filed bail
application but it was came to be rejected. Hence prayed for releasing
him on bail.
3.

The prosecution opposed application on the ground that,
offence is serious in nature and, if accused release on bail, he will
threaten the prosecution witnesses also threat the informant. Hence
prayed for rejection of bail application.
4.

Perused the application, say filed by the prosecution.

Heard both advocate at length.
5.

It is matter of recorded that accused prosecuted for the
commission offence punishable under section 353 of IPC.

Incident
happened on 08.01.2022 on the date itself informant has lodged report
in V.P. Road Police Station. The police has not issue any notice to the
applicant/accused but carried out entire investigation.

Applicant
accused was remain present on the day of filling of chargesheet. So in
my opinion investigation is over and nothing is to be recorded from the
possession of accused.

Custodial interrogation of accused is not
necessary, therefore accused is entitled to release on bail. Considering
this, I pass the following order:-
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BA 1561/22
ORDER
1]
Bail Application No.1561 of 2022 is allowed.

2]
Accused Jethmal Panchananmal Chandan arrested in CR.No.06 of
2022 under Sections 353 of Indian Penal Code registered at V. P.
Road Police Station be released on P.B. and S.B. of Rs. 50,000/with one or two surety/s.

3]
The accused shall assist to the investigation officer.

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

5]
The applicant shall not leave India without permission of this
court.

6]
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.

7]
Bail before the learned committing Court.

8]
Bail Application No.1561 of 2022 is disposed off accordingly.

Date : 29/06/2022.

( S.D. Kulkarni )
Additional Sessions Judge,
Gr. Mumbai.
Dictated on:29/06/2022
Transcribed on:- 30/06/2022
Signed on :30/06/2022
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BA 1561/22
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED ORDER.”
02/07/2022
11.20 a.m.

UPLOAD DATE
TIME
A.S. Patil
NAME OF STENOGRAPHER
Name of the Judge (With Court H. H. Additional Sessions Judge Shri.
Room No.)
S.D. KULKARNI,
Court Room No. 30.
(Incharge of CR.NO.37)
Date of Pronouncement of ORDER 29/06/2022
ORDER signed by P.O. on
30/06/2022
ORDER uploaded on
02/07/2022