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BA 1030/22
CNR No: MHCC02-005803-2022
IN THE COURT OF SESSIONS FOR GREATER BOMBAY
BAIL APPLICATION No. 1030 OF 2022
IN
C.C.No.205/PW/2022
IN
C.R.No.09/2022
Lokender Puranshingh Rajput
Age 25 years, Occ: Unemployed,
R/a Village- Virwada,
Tal- Pindwda,
Dist. Sirohi,
Rajasthan
… Applicant/Accused No.3
V/s.
The State of Maharashtra
L.T. Marg Police Station,
Mumbai.

… Respondent
Appearance :Adv. Salunkhe for applicant.
APP. Abhijeet Gondwal for Respondent.
CORAM : SHRI. S.D. KULKARNI,
ADDITIONAL SESSIONS JUDGE,
COURT ROOM No. 30.
(Incharge of C.R.NO.37)
DATED : 27/06/2022.
ORDER
This is an Application filed by Applicant/Accused
under section 439 of Code of Criminal Procedure for
releasing him on bail. The applicant/accused contended
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BA 1030/22
that, the informant namely Shri. Khushal Rasiklal Tamka,
has lodged report against applicant/accused. On the basis
of report crime was came to be registered against him,
bearing C.R. No.09 of 2022 for the commission of offence
punishable under section 381, 201, 212, 120(B), 411 r/w.
34 of IPC.
2.

The applicant alleged that the applicant is
permanent resident of the given address.
implicated in the aforesaid crime.

He is falsely
There is no specific
allegation against the present accused. The investigation
officer as recovered the golden ornaments of 613.170 gms.
from applicant/accused, further recovery is to be made
from other accused. The co-accused was release on bail.
The investigation is completed and IO has filed chargesheet
in the court. There is no question of tampering with the
evidence of the prosecution. Hence, applicant prayed for
releasing him on bail.
3.

The prosecution opposed the bail application
on the ground that, if accused release on bail it will affect
of the morality of the witnesses, there are chance of
absconding of accused, as is permamnat resident of
Rajasthan. Hence, prayed for rejection of application.
4.

Perused
application,
say
filed
by
the
prosecution. Heard both advocates on length. On going
through the reply filed by the prosecution it is reveales
that, the investigation officer as arrested in all thirteen
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BA 1030/22
accused and majority of the golden ornaments and cash
amount was seized from the possession of accused. The
investigation officer is recorded statement of witnesses and
after completion investigation and filed chargesheet in the
court. The accused is in judicial custody since 29.01.2022.
Therefore, in my opinion, investigation is completed in this
case, so there is no likelyhood that if accused release on
bail he will affect of the collection of evidence. I also think
that there will be no tempering of evidence.

The
investigation officer mainely opposed the bail application
on the ground that accused will thretened proseuction
witness was also flee away form the justice, but this
apprehension is in my opinion not based on sound ground.
Entire evidence against accused collected, therefore there
is no point in keeping accused in behind bar in for the
undefinate period. Considering this I pass following order.

ORDER
1]
Bail Application No. 1030 of 2022 is allowed.

2]
Accused Lokender Puranshingh Rajput arrested in C.R.No. 09 of
2022 L.T. Marg Police Station for the commission of offence
punishable under section 381, 201, 212, 120(B), 411 r/w. 34 of
IPC. be released on bail P.B. and S.B. of Rs.30,000/- with one or
two surety/s.

3]
The accused shall not tamper with the prosecution evidence in
any manner.

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4]
BA 1030/22
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.

5]
Bail before the learned committing Court.

6]
Bail Application No.1030 of 2022 is disposed off accordingly.

Date : 27/06/2022.

( S.D. Kulkarni )
Additional Sessions Judge,
Gr. Mumbai.

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BA 1030/22
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED ORDER.”
02/07/2022
11.26 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 27/06/2022
ORDER signed by P.O. on
27/06/2022
ORDER uploaded on
02/07/2022