CNR No.

MHCC02­001159­2022
IN THE COURT OF SESSION FOR GR. BOMBAY AT MUMBAI
BAIL APPLICATION NO.233 OF 2022
Nilesh Vinod Ghadge
Age – 21 year, Occ – Service,
R/o – Room No.4, Shankar Ghadge,
Chawl, St. Anthony Street,
Santacruz (East), Mumbai­55.

…
Applicant
…
Respondent
Versus
The State of Maharashtra
(At the instance of Police Station,
Vakola,
C.R.No.5/2022)
Appearance:
Mr. Mangesh Pawar, Ld. Adv. for applicant.
Mrs. Rashmi Tendulkar, Ld. Addl. P.P.
CORAM :
DATE :
HIS HONOUR ADDL.SESSIONS
JUDGE M. G. DESHPANDE
(C.R.No.16)
February 8, 2022
ORDER
1.

Applicant
Nilesh
Vinod
Ghadge
is
accused
in
C.R.No.5/2022 registered with Vakola Police Station under Sec.379 of
IPC.

He is praying for bail. Prosecution strongly opposed the same
reiterating facts alleged in the FIR and contending possibility of
repetition of crime and likelihood of absconding.

With this, it is
contended to reject the application.
2.

Heard Ld. Adv. Mr. Mangesh Pawar for the applicant and
Ld. A.P.P. Mrs. Rashmi Tendulkar. Following points arise for my
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BA No.233/2022
determination.

I am recording following findings thereon for the
reasons discussed below :­
POINTS
FINDINGS
1.

Whether the applicant­accused has made
out a strong prima­facie case to release him
on bail ?

No
2.

What Order ?

Application stands
rejected.
REASONS
POINT NO.1.
FACTS INVOLVED IN C.R.NO.5 OF 2022
3.

One Mr. Keeth Boscow Jesinto on 03.01.2022 lodged FIR
stating that, he owns Active 5G scooter bearing No.MH02­FH­9426. On
01.01.2022 he went to attend the function of his friend, hence parked
his scooter in front of Vihar Hotel, Kalina, Santacruz.

When he
returned, did not find his scooter at the said place. Even after inquiry
no clue was found. It was confirmed that his scooter was stolen. These
are the facts.
4.

In the investigation involvement of the applicant was
revealed. Accused gave discovery statement and motorcycle was
recovered at his instance.

Applicant was arrested on 20.01.2022.

Investigation is in progress. His statement under Sec.27 of the Indian
Evidence Act prima­facie points out his involvement in the offence
alleged against him. In Mumbai theft of two wheeler is ever increasing.
In my opinion, thorough investigation of the crime is necessary to
achieve finality. If the bail is granted, there is every possibility that
accused will pressurize the prosecution witnesses and also paralyze the
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BA No.233/2022
progress of investigation. Therefore, I hold that this is not a fit case to
grant bail.

Accused is failed to establish strong prima­facie case.

Therefore, Point No.1 is answered in the negative and following order is
passed :­
ORDER
Bail Application No.233 of 2022 stands rejected.
Digitally signed
by MADHAV
GOPAL
MADHAV
DESHPANDE
GOPAL
DESHPANDE Date:
2022.02.08
16:45:56 +0530
Dt.: 08.02.2022
Signed on
( M.G. Deshpande )
Addl. Sessions Judge.
C.R.No.16, Gr.Bombay at Mumbai
: 08.02.2022
BA No.233/2022
.. 4..

“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
08.02.2022 at
hours
UPLOAD DATE AND TIME
Name of the Judge
Date
of
pronouncement
judgment/order
(KISHOR PRAKASH SHERWADE)
NAME OF STENOGRAPHER
HHJ M. G. DESHPANDE
(COURT ROOM NO.16)
of 08.02.2022
Judgment/order signed by P.O. on
08.02.2022
Judgment/order uploaded on
08.02.2022