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Order on BA 458/24
MHCC020031092024
BEFORE THE DESIGNATED COURT UNDER M.P.I.D. ACT
CITY CIVIL & SESSIONS COURT, MUMBAI
ORDER ON BAIL APPLICATION NO.458 OF 2024
IN
C. R. NO.70 OF 2023
Mohammad Nafis Mohammad Sharif
Age : 39 years,
Residing at Bamori, Anta, Baraan,
Rajasthan-325202.

]
]
]
Applicant/
]… Accused no.2
Versus
The State of Maharashtra
(Through DCB CID Unit-III)
]
]… Respondent
Appearances:Ld. Advocate Taraq Sayyed for Applicant/Accused no.4
Ld. SPP Seema Deshpande for the State/ Respondent.
CORAM : HER HONOUR JUDGE
ADITEE UDAY KADAM,
(Court Room no. 7)
DATE : 15th March, 2024.
ORAL ORDER
1.

The present application is moved by the Applicant/Accused
Mohammad Nafis Mohammad Sharif resident of Rajasthan under
Section 439 of The Code of Criminal Procedure, 1973 for grant of
regular bail.

2.

A case being C.R. No.70 of 2023 is registered with DCB CID
(C.R. No.238 of 2023 registered with Marine Drive Police Station
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Order on BA 458/24
against the present Applicant for the offences punishable under
Sections 420 r/w Section 34 of the Indian Penal Code, 1860
(hereinafter referred as “IPC”) as well as Sections 33 and 36 of
The Maharashtra Medical Practitioners Act, 1961.
3.

Application is resisted by the Prosecution by filing their say at
Exhibit No.02.

4. Prosecution case in nutshell is as under :-
It is alleged that the main accused R. Patel pretended to be a
Doctor and his assistants / co-accused, by making collusion with
each other with common intention to cheat the victims for
unlawful gain, induced various patients who were suffering from
ailments, and grabbed huge amount from them towards fake
treatment and thereby cheated them.
5.

Heard the Ld. Advocate for the Applicant, Ld. SPP for the
Prosecution, Investigating Officer at length.

6.

On perusal of record it reveals that, there is no specific role
attributed to the applicant who is apprehended as a co-accused.
There are no specific allegations that any amount was handed
over to this applicant.

7.

Prima facie it is seen that, there is material against the
applicant showing his involvement in respect of alleged offences.
However, considering the fact that, the main accused /
beneficiary is accused no.1 and that the investigation in the
matter against this applicant is completed and charge-sheet is
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Order on BA 458/24
filed, no purpose would be served by languishing the applicant
behind bar.
8.

Ld. Advocate for the applicant submitted that, charge under
Section 420 of IPC, prima facie can not be made out against the
applicant. The applicant has no criminal antecedents. He is ready
to abide any condition on grant of bail. Hence, considering all
these aspects, this Court is of the view that applicant can be
released on bail by imposing certain stringent conditions. Hence,
the order :
ORDER
1. The present Bail Application No.458 of 2024 is allowed and
disposed of.

2. The applicant Mohammad Nafis Mohammad Sharif is hereby
released on bail in C.R. No.70 of 2023 is registered with DCB CID
(C.R. No.238 of 2023 registered with Marine Drive Police Station
against the present Applicant for the offences punishable under
Sections 420 r/w Section 34 of the Indian Penal Code, 1860 as
well as Sections 33 and 36 of The Maharashtra Medical
Practitioners Act, 1961 on furnishing PR bond of Rs. 1,00,000/(Rupees One Lakh only) and one or more solvent sureties in the
like amount.

3. The Applicant shall not tamper with the prosecution evidence or
pressurize the prosecution witnesses in any manner till the
conclusion of trial.

4. The Applicant shall attend the dates of trial regularly.
5. The applicant to mark presenty in concern police station on
every 2nd Saturday and Sunday of the month in between 11.00
a.m. to 2.00 p.m. till filing of charge-sheet against main accused.

6. The applicant shall not leave Maharashtra – India without prior
permission of the concern Court.

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Order on BA 458/24
7. The Applicant shall not change his current residential address
without intimation to the IO and the concern Court.
(Dictated and pronounced in the open Court.)

Date: 15/03/2024
Mumbai
sd/(ADITEE UDAY KADAM)
Designated Judge under
The Maharashtra Protection of
Interest of Depositors Act, 1999,
for Gr. Bombay
Dictated directly on computer: 15/03/2024
Signed by HHJ on
: 15/03/2024
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Order on BA 458/24
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT /ORDER”
18.03.2024 at 2.57 p.m.
UPLOADED DATE AND TIME
Ms. R. D. Tari
NAME OF STENOGRAPHER
Name of the Judge (with Court Room no.)

H.H.J. A. U. Kadam
C.R. No.07
Date of Pronouncement of Judgment/Order
15.03.2024
Judgment /Order signed by P.O. on
15.03.2024
Judgment/Order uploaded on
18.03.2024