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MHCC020041992022
IN THE COURT OF SESSIONS AT GREATER BOMBAY
BAIL APPLICATION NO.728 OF 2022
Kaushal Krishnachandra Saha
age 23 years,
Occ. Manager,
Address Murshidabad Calcutta
V/s
The State of Maharashtra
at the instance of Marine Drive
Police station in C.R.No.344/2021
…Applicant/accused
….Respondent
Ld.Counsel Sunil Pandey for applicant/accused
APP Shri.Erande for State/Respondent
CORAM : H.H.J.SHRI.M.A.BHOSALE
DATE: 08/04/2022 C.R.NO.27
ORDER
This is an application filed by applicant for bail for the
offences punishable U/sec.419,420 of IPC & 66(c) (d) of
Information Technology Act.
2.
It is the case of prosecution that on the basis of
information given by Ashok Basak aged 70 years retired IAS
officer and accordingly offence U/sec.419,420 of IPC r/w Sec.
66(c)(d) of Information Technology Act.
3.
On the basis of report accused was arrested by police
produced before Ld.M.M to which necessary remand was
granted, thereafter, he was preferred an application for releasing
him on bail however it was rejected by Ld.M.M.on merit.
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4.
I have heard Ld.Counsel Sunil Pandey for applicant. It is
submitted that in various judgments of Hon’ble Supreme Court
and High Court Sec.419 and 420 is not applicable with
Sec.66(c)(d) of Information and Technology Act. He further
submitted that nothing was recovered from the present
applicant, Moreover, he is simple Manager however, police
falsely implicated him in the present crime.
He further
submitted that inspite of sufficient opportunity police officer
failed to recover amount. The applicant is ready to cooperate
with police. He is ready to furnish bail. There is no criminal
antecedent against present applicant. Lastly, it is prayed that
applicant may kindly be released on bail.
5.
Ld.APP Erande opposed bail application by filing reply
Exh2. It is contended that serious offence is registered against
accused and investigation in the present crime is in progress.
Muddemal property is involved in the present crime is yet to be
recovered. He further pointed out that the applicant is resident
of Calcutta. Under such circumstances, he may be released on
bail possibility cannot be ruled out that he may be absconding.
6.
API Bhandari present before the court with case diary. He
pointed out that the accused is involved in making Jio Sim card
in the name of other persons by misusing the thumb impression.
He pointed out that investigation in the present crime is in
progress. Under such circumstances, if accused be released on
bail then possibility cannot be ruled that he may be absconding
therefore, application may kindly be rejected.
7.
After going through submission, I drew my attention
towards certain documents in the diary. It shows that
investigation in the present crime is in progress and the
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Investigating officer seized 9 bogus Sim cards. It is also
established during investigation that the present applicant used
14 bank account for the purpose of credit amount after making
phone call to the ordinary person. No doubt about that whether
Sec.419 and 420 is applicable with Sec.66(c)(d) in the said
crime will be decided by the court at the time of trial but at this
juncture it was established from record that the investigation is
in progress and goes in right direction. Considering the
seriousness of the present crime. I do not find any reason to
grant my judicial discretion in favour of present applicant.
Hence, I proceed to pass following order.
ORDER
Bail Application No.728 of 2022 is rejected.
Bail Application No.728 of 2022 stands disposed of.
Date : 08/04/2022
(Milind A.Bhosale)
Additional Sessions Judge
City Civil & Sessions Court
Gr.Bombay
Direct dictated on :
08/04/2022
HHJ Signed on
08/04/2022
:
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER.”
08/04/2022
5.30pm
UPLOAD DATE AND TIME
(Mrs.P. P. Khanvilkar)
NAME OF STENOGRAPHER
Name of the Judge (With Court
room no.)
Date
of
Pronouncement
JUDGMENT/ ORDER
SHRI M.A.BHOSALE
(C.R. No.27)
of
08/04/2022
JUDGMENT/ORDER signed by P.O.
on
08/04/2022
JUDGMENT/ORDER uploaded on
08/04/2022