B.A. No. 1759/2022
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IN THE COURT OF SESSIONS FOR GREATER BOMBAY AT BOMBAY
CRIMINAL BAIL APPLICATION NO.1759 OF 2022
( CNR NO.: MHCC020095472022 )
Pooja Omprakash Pandey.
Age: 22 years, Occ: Student
R/o: Room No.4, Devi nagar,
Indira Nagar, Opp.I.I.T. Market,
Powai, Mumbai 400 083.
…Applicant/Accused.
V/s.
The State of Maharashtra.
( At the instance of Parksite P.Stn.
Vide C.R. No.408/2022)
…Respondent/State.
Appearance:
Mr. Santosh Rai Advocate for the Applicant/Accused.
Mrs. Ashwini Raykar, APP for the State/respondent.
Mr.Atish Kasabe Advocate for intervenor/ complainant.
CORAM : S.M. MENJOGE,
ADDL. S. JUDGE (C.R.17)
DATE : 03/08/2022.
ORDER
1.
This is an application under section 439 of Cr.P.C. for bail by
applicant/accused Pooja Omprakash Pandey, in Crime No. 408 /2022
under section 381 of IPC, registered at Police Station Parksite, Mumbai.
2.
Perused the application and reply of Prosecution and objection by
complainant. I heard both sides. On perusal of case diary, it prima facie
appears that this applicant was working as care taker of children of
B.A. No. 1759/2022
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complainant. On 1.5.2022, complainant was not feeling well and hence,
husband of complainant asked applicant Pooja to take out medical file
of complainant from almirah and take her to Godrej Hospital at Vikroli.
Complainant was admitted there for 56 days. After discharge,
complainant came to house. On 14.6.2022, she found that golden
ornaments and cash missing. As she was frightened, she did not lodge
report immediately. When her husband returned from U.S.A., on
27.6.2022, she narrated the incidence to him and then lodged report to
the police station against present applicant.
3.
During the course of investigation, applicant was arrested. As per
her memorandum statement, she had taken the police to the Himanshu
Parmar, the jeweler. He identified the applicant/accused and stated that
he had purchased the golden ornaments from her but, same are now
melted and converted into golden bar weighing 64.380 Gms. Police has
seized the same.
4.
Thereafter, complainant came to know that one pendent weighing
9.643 Gms. is also lost. Hence, her additional statement was recorded.
Investigating officer investigated in that line also and recovered the
same from Himanshu Parmar but, it was also melted and converted into
golden bar. Investigating officer has seized the same. Statement of the
lady namely Shakuntala Mhaske, who had helped the applicant in
selling the ornaments is recorded by Investigating officer. Rs.10,000/
and mobile handset of Vivo company are yet to be recovered from the
applicant. Applicant is arrested on 30.6.2022. Prima facie case is made
out against present applicant. Investigation is not yet completed.
Considering gravity and seriousness of offence and possibility of
tampering the evidence if she is released on bail, applicant is not
B.A. No. 1759/2022
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entitled for bail during investigation. Hence, I pass following order,
ORDER
Bail Application No. 1759/2022 stands rejected and disposed of
accordingly.
Digitally signed
by SHASHANK
MANOHARRAO
SHASHANK
MANOHARRAO MENJOGE
MENJOGE
Date:
2022.08.03
17:26:50 +0530
( S.M. MENJOGE )
Addl. Judge
City Civil & Sessions Court,
Gr. Bombay.
Dictated on
Transcribed on
Signed on
: 03.08.2022.
: 03.08.2022.
: 03.08.2022..
B.A. No. 1759/2022
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CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER”
03.08.2022.
UPLOAD DATE AND TIME
Mrs. S.S.Sawant
NAME OF STENOGRAPHER
Name of the Judge (with Court Room
No.)
S.M. MENJOGE, Addl. Judge.,City Civil &
Sessions Court, (C.R.No.17).
Date of pronouncement of /Order
03.08.2022.
Order signed by P.O. on
03.08.2022.
Order uploaded on
03.08.2022.