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IN THE COURT OF SESSIONS FOR GREATER MUMBAI AT MUMBAI
CRIMINAL BAIL APPLICATION NO.1707 OF 2022
CNR NO. MHCC02­009301­2022
Lavesh Sitaram Tambe
Age: 41 years, Occ. : Nil,
R/at : Chawl No.6, Room No.1,
Matoshree Janaki Nagar, Manisha Nagar,
Salvi Marg, Near Pipe Line,
Kalwa, Thane 400605.

…Applicant/Accused
Vs.
The State of Maharashtra
(At the instance of DCB­CID, CIU Unit)
…Respondent/State
Appearances :­
Ms. Kanojiya, Ld. Advocate for the applicant/accused.
Ms. Jyotsna Gawali, Ld. APP for the Respondent/State.
CORAM : H. H. THE ADDL. SESSIONS JUDGE,
SHRI A.A. KULKARNI (C.R. NO.24)
DATED : 13TH JULY, 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 police in connection with Crime No.404/2022 registered by
Tilak Nagar police station for the offences punishable under Sections
489(B), 489(C) and 120(B) of IPC. It is further contended that as per
allegation in FIR, applicant was present with Mohd. Arshad Mohd.
Siddiki, accused No.1. Police recovered counter fit 225 currency notes
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of Rs.2000/­ denomination from accused Mohd. Arshad. During search
of present applicant, nothing found objectionable with him. Therefore,
prima facie there is no material to connect applicant with alleged
offence as applicant neither found in possession nor selling or buying
counter fit currency notes. Sufficient police custody was granted for the
purpose of investigating, than also nothing found objectionable from
applicant. It is further contended that applicant is poor person. He is
ready to abide by conditions. He will attend police station for
investigation. Hence, prayed for grant of bail.
3.

Ld. APP filed say Exh.2. Investigating officer is also present
and admitted that during investigation nothing found in possession of
applicant. Applicant is arrested in connection with crime on the basis of
his connection with accused Mohd. Arshad Mohd. Siddiki. It is further
contended that accused Mohd. Arshad and applicant are knowing each
other and prayed for rejection of the application.
4.

In view of submissions from both the sides and on perusal
of documents on record, it is clear that when counter fit currency notes
are recovered from Mohd. Arshad, nothing is recovered at the instance
of present applicant nor there is prima facie material on record to
connect applicant with the alleged offence. In such circumstances, I am
of the opinion that only on the basis of acquaintance of accused Mohd.
Arshad and present applicant, it cannot be said that there is prima facie
involvement of present applicant in alleged offence. Applicant is
arrested by police on 15.05.2022. Thereafter, sufficient police custody
was granted. Inspite of sufficient period, nothing incriminating material
is collected against applicant. Therefore, on the basis of suspicion,
applicant cannot be detained for indefinite period. Therefore, I am of
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the opinion that applicant may be released on bail. Hence, I passed the
following order :­
ORDER
1.

Criminal Bail Application No. 1707 of 2022 is allowed.

2.

Applicant/accused Lavesh Sitaram Tambe be released on bail on
his furnishing P.R. Bond of Rs.25,000/­ along with one or two
sureties of like amount in connection with C.R. No.46/2022
registered with DCB­CID, CIU Unit.

3.

The applicant/accused shall attend DCB­CID, CIU Unit on written
notice of investigating officer and co­operate him in investigation.

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.1707 of 2022 stands disposed of
accordingly.

Date : 13.07.2022
Dictated on
: 13.07.2022
Transcribed on : 13.07.2022
HHJ signed on : 13.07.2022
[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.”
Upload Date
14.07.2022
Upload Time
4.30 p.m.

Name of Stenographer
PRAJWALA V. PHODKAR
Name of the Judge (With HHJ SHRI. A.A. KULKARNI (CR 24)
Court Room No.)
Date of Pronouncement
JUDGMENT /ORDER
of 13.07.2022
JUDGMENT /ORDER signed by 13.07.2022
P.O. on
JUDGMENT /ORDER uploaded 14.07.2022
on