:1:
Order on BA 684/23
MHCC020120662023
BEFORE THE DESIGNATED COURT UNDER M.P.I.D. ACT
CITY CIVIL & SESSIONS COURT, MUMBAI
ORDER ON BAIL APPLICATION NO.684 OF 2023
Mr. Rajendra Chandrakant Jagtap
Age : 45 years, Occ : Agriculturist,
Vasundhara Raje Nagar, Malegaon Bk,
Dist- Baramati, Pune-413115.

]
]
]
]… Applicant
Versus
The State of Maharashtra
(Through Goregaon Police Station, Mumbai)
]
]… Repsondent
Appearances:Ld. Advocate Vivek Arote for the Applicant.
Ld. SPP Malankar for the State/ Respondent absent.
CORAM : HIS HONOUR JUDGE
SHRI S. B. JOSHI
(Court Room no. 7)
DATED : 14th August, 2023.
ORAL ORDER
1.

Read application filed by the applicant/accused Mr. Rajendra
Chandrakant Jagtap for releasing him under Section 167(2) of
The Code of Criminal Procedure, 1973 for not filing the chargesheet within stipulated period of 90 days as prescribed under
Section 167(2) of Cr.P.C.

2.

Ld. SPP is absent. Hence, no say. Likewise Counsel for the
applicant is absent and he did not turn when called. Now, it is
:2:
Order on BA 684/23
11.30 a.m.
3.

Perused the remand papers in the Crime No.832 of 2022. It is
registered for the offence punishable under Sections 406, 409 and
420 of the Indian Penal Code, 1860 (hereinafter referred as
“IPC”) and Sections 3 and 4 of The Maharashtra Protection of
Interest of Depositors Act, 1999 (hereinafter referred to as
“M.P.I.D.

Act”).

The
remand
papers
shows
that
the
applicant/accused is arrested on 12.05.2023. Since then he is in
jail. As stated in this application, the charge-sheet is not filed till
moving this application. This application is filed on 11.08.2023.
Accordingly, the report of Assistance Superintendent of this Court
has been called who on the paper of synopsis attached to this
application has given report dated 11.08.2023, stating that
charge-sheet is not filed till 11.58 a.m. on date 11.08.2023.
4.

In view of this, one has to see whether relief prayed can be
granted. Admittedly, the accused is arrested on 12.05.2023. As
per the Provision of Section 167 (2) (a) of Cr.P.C., no further
detention granted or authorized if the period of 90 or 60 days is
completed and investigation relating to the offence concerned are
not completed. Here, the charge-sheet is under Sections 406, 420,
409 of IPC and Sections 3 and 4 of MPID Act. The offence under
Section 406 of IPC is punishable for 3 years. The offence under
Section 420 of IPC is punishable for 7 years and Section 409 of
IPC is punishable with life imprisonment or imprisonment of 10
years and the offence under Section 3 of MPID Act provides
punishment for 6 years. So the offence under Section 409 of IPC
is major. Therefore, the Provision of 167(2)(a)(i) are applicable
:3:
Order on BA 684/23
which shows that no detention of the accused person in custody
shall be authorized beyond the period of 90 days. As per report of
the Assistance Superintendent charge-sheet is not filed till date of
application i.e. 11.08.2023. The period of 90 days start from the
date of arrest 22.05.2023 which came to an end on 09.08.2023
and this application is moved on 11.08.2023. It means after
expiry of the period of 90 days, this application has been moved
but the Investigating Agency has not filed the charge-sheet within
90 days as per report on record. As such the applicant/accused is
entitled for the default bail as provided under Section 167(2)(a)
(i) of Cr.P.C. Hence, present application deserves to be allowed.
As such following is the order :
ORDER
1. The Bail Application No.684 of 2023 is hereby allowed.
2. The accused Mr. Rajendra Chandrakant Jagtap be released under
Section 167(2) of The Code of Criminal Procedure, 1973 on his
executing PR bond of Rs.3,00,000/- (Rupees Three Lakhs only)
with one or two sureties bonds of like amount in C. R. No.832 of
2022 registered with Goregaon Police Station for the offences
punishable under Sections 406, 409 and 420 of the Indian Penal
Code, 1860 and under Sections 3 and 4 of The Maharashtra
Protection of Interest of Depositors Act, 1999 on following
conditions:a) The accused shall attend the Police Station /EOW on every
Tuesday during 10.00 a.m. to 12 noon till filing of the chargesheet.

b) The accused shall undertake in writing not to tamper with
further investigation as well as evidence and shall not
pressurize the witnesses of Respondent.
c) The accused shall undertake in writing not to travel abroad
without the permission of the Trial Court/concerned Court.

:4:
Order on BA 684/23
d) The accused shall also provide proof of his residential address
along with the phone or cell numbers of his two close
relatives, with the I.O.
e) The accused shall not alienate any valuable movable and
immovable property standing in his name or in the name of
his blood relatives without prior permission of the concerned
Court.
f) The breach of any one of the above conditions by the accused
shall enable the prosecution /Investigating Officer to apply for
the cancellation of his bail.
3. Accordingly, inform the accused in jail for necessary steps
immediately through Jailor about this order and also the SPP/
EOW / I.O. to take note of this order.

4. The present Bail Application No. 684 of 2023 stands disposed of
accordingly.

(Dictated and pronounced in the open Court.)
Digitally signed
by SANJAY
BHALCHANDRA
JOSHI
Date:
2023.08.14
17:28:36 +0530
Date : 14.08.2023.

Dictated on
Draft given on
Signed on
: 14.08.2023.
: 14.08.2023.
: 14.08.2023.

( S. B. Joshi)
Designated Judge and Addl.
Sessions Judge, City Civil &
Sessions Court, Mumbai.

:5:
Order on BA 684/23
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT /ORDER”
14.08.2023 at 5.20 p.m.
UPLOADED DATE AND TIME
Mrs. G. P. Acharekar
NAME OF STENOGRAPHER
Name of the Judge (with Court Room no.)

H.H.J. S. B. Joshi
C.R. No.07
Date of Pronouncement of Judgment/Order
14.08.2023
Judgment /Order signed by P.O. on
14.08.2023
Judgment/Order uploaded on
14.08.2023