MHCC020081212022
IN THE SESSIONS COURT FOR GREATER MUMBAI
AT MUMBAI
CRIMINAL BAIL APPLICATION NO.1492 OF 2022
(CRIME NO.29 OF 2022, DADAR POLICE STATION)
CNR No.MHCC02-008121-2022
Navin Janardhan Pendam,
Aged about 35 years, Occ. : Agent,
Residing at Room No.512, 2/E, Century
MHADA Sankool, Sadanand Hasu
Tandel Marg, Dadar (West), Mumbai.

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… Applicant/
Accused
Vs.
The State of Maharashtra,
(Through Senior Inspector of Police,
Dadar police station, Mumbai).

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… Respondent
Appearances :Mr. Anil Bansode, Ld. Adv. for applicant.
Mr. J. N. Suryawanshi, Ld. A.P.P. for respondent/State.
CORAM : VISHAL S. GAIKE,
ADDL. SESSIONS JUDGE,
COURT ROOM NO.22.
DATE : 11th July, 2022.
ORDER
This is an application for regular bail under Section 439 of
the Code of Criminal Procedure in connection with Crime No.29 of
2022 registered at Dadar police station for the offence punishable
under Sections 420, 406 of the Indian Penal Code.

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2.

BA 1492/22
It is the case of the complainant Sachin Narendra Salvi
that, he is resident of B.D.D. Chawl, Worli, Mumbai. He is doing work
of repairing photocopy machines. In the year 2015, he had gone to the
office of Prince Pipe Company, Mahim. There he got familiar with one
Namrata Madam. He disclosed her that he is desirous of purchasing a
room for himself. Namrata introduced the complainant to agent Navin
Pendam i.e. the present applicant. Complainant went along with his
wife to see one room which was shown to them by Navin Pendam. On
16/12/2015, Navin accepted Rs.6 Lakhs in cash at his house from the
complainant. On the same day, he executed an agreement in favour of
the complainant. Navin told the complainant that he will get the
possession of the room within two days. Thereafter, Navin demanded
Rs.2,50,000/- to the complainant. Hence, the said amount was paid on
05/01/2016 in cash to accused Navin. Again on 12/01/2016, the
amount of Rs.37,000/- in cash was paid to accused Navin. Thereafter,
on 28/01/2016, Navin accepted Rs.2 Lakhs in cash and gave written
receipt of the said cash transaction made with the complainant.
Thereafter, accused Navin started to give evasive replies to the
complainant regarding the possession of the said room. Hence, the
complainant demanded Rs.11,87,000/- which he had given to accused
Navin. Hence, on 28/03/2021, accused Navin issued a cheque of
Rs.11,87,000/- in favour of the complainant. Accused Navin transferred
an amount of Rs.1 Lakh from the account of his father maintained in
State Bank of India Bank. Complainant did not deposit the said cheque
given to him by the accused. Thereafter, on 10/09/2017, accused gave
another cheque of Rs.10,47,000/- from the account of his father.
Complainant deposited the said cheque in his account, but it was
dishonoured by the bank. Thereafter, accused had sent Rs.40,000/- to
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BA 1492/22
the complainant through a taxi driver namely Yadav, who was his
friend. Thereafter, the accused gave a cheque of Rs.10 Lakhs on
19/03/2021 in favour of the complainant. The said cheque was also
dishonoured, due to stop payment instructions by the drawer.
Thereafter, accused did not accept phone calls of the complainant and
blocked his number. Hence, complainant gave a report of cheating
against the accused.
3.

The
say
of
the
Investigating
Officer
was
called.

Investigating Officer has stated that, the applicant is a habitual offender
and if he is released on bail, then he may repeat the similar offence. He
may abscond and may not remain present during his trial. He may
threaten and pressurise the complainant and witnesses. Hence, the
application may be rejected.
4.

Heard the parties. Learned counsel for the applicant
submitted that, the applicant is innocent and has not committed any
offence, as alleged. There was no intention of cheating the complainant
on the part of the applicant. Therefore, he had made some part
payment to him. Applicant is ready to return the remaining amount to
the complainant. The charge-sheet is already filed and no further
purpose would be served by keeping the applicant behind the bars.
Applicant is having his permanent place of residence in Mumbai and
has a old aged mother, who is to be taken care regularly. Applicant is
ready to abide any condition which may be imposed upon him, in the
event of his application being allowed. Hence, he may kindly be
released on bail.

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5.

BA 1492/22
Learned A.P.P. vehemently opposed the application and
submitted that, if the applicant is released on bail, then he may
threaten and pressurise the witnesses and may abscond. Therefore, the
application may be rejected.
6.

The Investigating Officer has stated in his say that the
applicant is a habitual offender, but absolutely no details of any
previous crime filed against the applicant are stated on record. The
complainant has done all cash transactions in favour of the applicant,
but while accepting back some amount from the applicant, he has
accepted the same through bank transfers. Only an amount of
Rs.40,000/- has been accepted by him in cash. As the applicant has
returned back some amount to the complainant, therefore, prima facie,
there appears no intention from the inception to cheat the complainant.
The charge-sheet is already filed and no further purpose would be
served by keeping the applicant behind the bars. The presumption of
innocence is available to him till conclusion of his trial. Applicant is
permanent resident of Mumbai. Therefore, there is no possibility that
he will flee away from justice. Hence, in the facts and circumstances of
the matter, I am inclined to allow the present application and proceed
to pass the following order :ORDER
1.

Bail Application No.1492 of 2022 is hereby allowed.

2.
Applicant Navin Janardhan Pendam in C.R. No.29 of 2022
registered with Dadar police station for the offence punishable under
Sections 420, 406 of the Indian Penal Code, shall be released on bail on
executing his P.R. bond of Rs.15,000/- with one surety in the like
amount, and on following conditions :-
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(a)
evidence ;
BA 1492/22
He shall not tamper with the prosecution witnesses and
(b)
He shall furnish his detail address, mobile/contact number,
address proof and identity proof at the time of furnishing bail ;
(c)
In case of change of his residence or mobile/contact
number, he shall inform it to the Court and Investigating Officer ;
(d)
He shall attend the Court regularly ;
(e)
He shall co-operate with the Investigating Officer ;
(f)
He shall not leave the jurisdiction of this Court without the
permission of concerned Metropolitan Magistrate ;
(g)
He shall not give any threat or pressurise the complainant
and witnesses in any manner which may dissuade them from disclosing
any fact of the case to the police officer or to the Court.
3.
Bail shall be furnished before concerned Metropolitan
Magistrate.
4.
The prayer of applicant for releasing him on provisional
cash bail is hereby granted. He is permitted to deposit cash security of
Rs.15,000/- in lieu of surety for the period of eight weeks from the date
of this order.
5.

Bail Application is disposed off accordingly.
Digitally signed
by VISHAL
SADASHIVRAO
GAIKE
Date: 2022.07.19
17:37:22 +0530
Date : 11/07/2022.
Dictated on
Transcribed on
Signed on
: 11/07/2022.
: 18/07/2022.
:
( VISHAL SADASHIVRAO GAIKE )
ADDL. SESSIONS JUDGE,
CITY CIVIL & SESSIONS COURT,
GREATER MUMBAI.

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BA 1492/22
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
UPLOAD DATE AND TIME
19/07/2022 at 5.40 p.m.

NAME OF STENOGRAPHER
Bahushruta Y. Jambhale
Name of the Judge ( With Court H.H.J. Shri Vishal S. Gaike
Room No.)
(Court Room No.22)
Date
of
Pronouncement
JUDGMENT/ORDER
of 11/07/2022.

JUDGMENT/ORDER signed by
P.O. on
19/07/2022.

JUDGMENT/ORDER uploaded on
19/07/2022.