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BA 1869/22
CNR NO : MHCC020102082022
IN THE COURT OF SESSIONS FOR GREATER BOMBAY
BAIL APPLICATION NO.1869 OF 2022
Nelkanth Namdev Misal
Age65, Indian Inhabitant,
Occ : Medical Practitioner,
residing at Chassnagar, Pune Road,
Ahmadnagar
The State of Maharashtra
(Through Dharavi P. Stn.
vide Cr. No.433/2020)
… Applicant / Accused
Versus
… Respondent
Appearance :
Hulyalkar Advocate for accused
Lade, A.P.P. for respondent /State
CORAM : SHRI. S.D. KULKARNI,
ADDITIONAL SESSIONS JUDGE,
COURT ROOM No. 30.
DATED : 24/08/2022.
ORDER
1.
This is an application filed by the accused u/sec.439 of
Criminal Procedure Code for releasing him on bail in connection with
CR.No.433/2020 registered with Dharavi Police Station for the
commission of offence u/sec.419,420,336 of Indian Penal Code and 33,
33(A), 36 Maharashtra Medical Practitioner (Registration) Rules 1961.
2.
It is alleged by the applicant / accused that coaccused are
already released on bail. The applicant / accused is in jail since last 2
years. Considering the nature of the offence he be release on bail. The
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BA 1869/22
investigation of the matter is already completed, chargesheet is already
filed. Hence there is no likelihood that accused applicant / accused will
threaten the prosecution witness or tamer with the evidence of the
prosecution. Applicant / accused is a permanent resident of the given
address therefore, prayed for releasing him on bail.
3.
The prosecution opposed the application mainly on the
ground that if accused release on bail he will commit similar type of
offence and accused is not permanent resident of Mumbai therefore, for
detailed investigation of the matter custodial interrogation of the
applicants / accused is necessary. Hence prayed for rejection of the
application.
4.
Perused application, say filed by the prosecution. Heard
both the advocates at length.
5.
I have gone through the FIR, statement of witnesses. It
reveals from the record that applicant / accused is practicing
paramedical center and issue BAMS certificate to various students. On
the basis of these certificate students started unauthorized clinic. During
investigation the Investigating Officer has found several bogus
certificates and stationary and other materials required to prepared
false and bogus certificates. Therefore, though the other accused release
on bail, role played by this accused is different. He is a primae accused.
He was previously convicted in the Metropolitan Magistrate District
Court Sangli. Therefore, it can be said that he is a habitual offender.
Many similar cases registered against him therefore, in my opinion if
accused release on bail there is possibility of tampering prosecution
evidence and flee away from the justice. Therefore accused is not
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entitled to release on bail. Considering this, I pass the following order :
ORDER
1]
Bail Application No.1869 of 2022 stands rejected.
2]
Bail Application No.1869 of 2022 is disposed off accordingly.
SANTOSH
DIGAMBAR
KULKARNI
Date : 24/08/2022.
Dictated on
Transcribed on
Signed by HHJ on
: 24.08.2022
: 25.08.2022
: 25.08.2022
Digitally signed
by SANTOSH
DIGAMBAR
KULKARNI
Date:
2022.08.29
15:36:35
+0530
( S.D. KULKARNI )
Additional Sessions Judge,
Gr. Mumbai.
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
ORDER.”
29/08/2022
02.00 p.m.
UPLOAD DATE
TIME
J.S. Chavan
NAME OF STENOGRAPHER
Name of the Judge (With Court H. H. Additional Sessions Judge Shri.
Room No.)
S.D. Kulkarni,
Court Room No. 30.
Date of Pronouncement of ORDER 24/08/2022
ORDER signed by P.O. on
25/08/2022
ORDER uploaded on
29/08/2022