1
IN THE COURT OF SESSIONS FOR GREATER MUMBAI AT MUMBAI
CRIMINAL BAIL APPLICATION NO.1736 OF 2022
CNR NO. MHCC020094472022
Patrick Eneugwu Chekwube
Age : 35 years, Occ: Business,
R/at : 3C, 3004, Indiabulls Greens,
Near Kon Village, Taluka Panvel,
District Raigad, Pincode – 410221.
…Applicant/Accused
Vs.
The State of Maharashtra
(Through Cyber police Station– Central Region) …Respondent/State
Appearance :
Mr. Tushar Lavhate, Ld. Advocate for the applicant/accused.
Ms. Ratnavali Patil, Ld. APP for the Respondent/State.
CORAM : H. H. THE ADDL. SESSIONS JUDGE,
SHRI A.A. KULKARNI (C.R. NO.24)
DATED : 8TH AUGUST, 2022
(ORAL ORDER)
(Dictated and pronounced in the open Court)
This is an application for bail under Section 439 of Cr. P.C.
Heard Ld. Advocate for the applicant and Ld. APP for the State. Perused
documents on record.
2.
The applicant is arrested by police in connection with C.R.
No.23/2021 for the offence punishable under Sections 419, 420, 467,
468, 471 r/w 34 of IPC, Section 66(C)(D) of Information Technology
Act, Section 14 of Foreigners Act and Section 12(1)(C),(1A)(b) of
Indian Passport Act. Ld. Applicant for applicant submitted that there is
no direct evidence against applicant of receiving any amount by
2
cheating. Applicant is victim. Applicant is not having any relation with
accused. There is no direct evidence against applicant of having
committed any cheating or forgery. Investigation of case is completed.
Hence, prayed to release applicant on bail.
3.
Ld. APP filed say Exh.2 and opposed the application on the
ground that applicant is Foreigner and temporary residing at Panvel,
New Mumbai. If he is released on bail, there is possibility of his
absconding. Hence, prayed for rejection of applicant.
4.
Copy of chargesheet is filed on record by applicant. It is
alleged by informant Purushottam Sharandhar that he is having
business of Adishesh International, manufacturing of Tshirts at Vira
Desai Road, Andheri (W), Mumbai. On 2.07.2021 he received email
from Dr. Kartus Norman, resident of London and Manager of Iconic
Pharmaceutical & Manufacturing Company. By email, he informed
informant that for the purpose of manufacturing of vaccine, he required
chemical namely Fizone Digest. The said chemical is available in India
for 300 USD, whereas its price in Russia is 5,800 USD. In response to e
mail, he made communication with him. In response to informant’s e
mail, he was stated that informant has to supply goods to M.H. Sharma
Enterprises and given number of one Rahul Dhondi for further
communication. Thereafter, informant was asked to deposit 2.25,000/
in Bank Account of Sharma Enterprises on 4.07.2021. Thereafter, he
was again asked to deposit Rs.3,00,000/ on 8.07.2021. He further
deposited amount of Rs.5,00,000/. In all, on the say of Dr. Kartus
Norman, informant deposited amount of Rs.12,84,000/. On the basis
of information, crime has been registered.
3
5.
During investigation police arrested applicant and one
Pavaskar. On perusal of entire statement and documents collected
during investigation, prima facie no nexus found between transaction
done by informant and other accused. It is alleged that applicant is
residing in Panvel, New Mumbai and having nexus with Alex Arinje and
with such communication he is implicated in this case as accused. No
amount from informant is shown to have transferred to present
applicant. Allegation against applicant about forged Passport, residing
illegally, shall have to be decided during trial. Other accused is released
on bail. Therefore, in such circumstances, keeping applicant behind bar
for further indefinite period is not required. By taking care of interest of
prosecution about presence of applicant during trial, by imposing
conditions he may be released on bail. Hence, I passed the following
order :
ORDER
1.
Criminal Bail Application No. 1736 of 2022 is allowed.
2.
Applicant/accused Patrick Eneugwu Chekwube be released on
bail on furnishing P.R. Bond of Rs.2,00,000/ along with one or
two sureties of like amount in connection with C.R. No.23/2021
registered with Cyber police Station– Central Region.
3.
Applicant shall attend Cyber police Station– Central Region office
on written notice of Investigating Officer and cooperate him in
investigation.
4.
Applicant/accused shall furnish his residential address proof and
contact numbers to Investigating Officer.
5.
Applicant/accused shall deposit his Passport to concern Trial
Court.
6.
Applicant/accused shall not directly or indirectly, make any
4
inducement, threat or promise to any person acquainted with the
facts of the case so as to dissuade him from disclosing such facts
to the Court or to any Police Officer.
7.
Applicant/accused shall not leave India without previous
permission of the Court.
8.
Bail before Ld. Court below.
9.
Criminal Bail Application No.1736 of 2022 stands disposed of
accordingly.
Date : 08.08.2022
Dictated on
: 08.08.2022
Transcribed on : 08.08.2022
HHJ signed on : 08.08.2022
[A.A. KULKARNI]
ADDITIONAL SESSIONS JUDGE
GREATER MUMBAI
5
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
Upload Date
10.08.2022
Upload Time
4.30 p.m.
Name of Stenographer
PRAJWALA V. PHODKAR
Name of the Judge (With HHJ SHRI. A.A. KULKARNI (CR 24)
Court Room No.)
Date of Pronouncement
JUDGMENT /ORDER
of 08.08.2022
JUDGMENT /ORDER signed by 08.08.2022
P.O. on
JUDGMENT /ORDER uploaded 10.08.2022
on