CRI. BA 1964/2022
1
ORDER
MHCC020108422022
IN THE COURT OF SESSIONS FOR GREATER BOMBAY
AT MUMBAI
CRIMINAL BAIL APPLICATION NO. 1964 OF 2022
( CNR NO.:MHCC020108422022 )
Rajesh Ramnath Sharma
Age : 42 years, Occ.: Yoga Therapist.
Address Room No. 4/12,
Rangari Chawl, Near M.E.C.B.
Quarters, Muktadevi Wadi,
Sion Chunabhatti,
Mumbai No. 400 022.
V/s.
The State of Maharashtra,
(At the instance of Kalachowki
Police Station vide C.R.No.356/2021)
…Applicant/Accused
…Respondent/State.
Appearance:
Mr. Ganesh Iyer, Advocate for the applicant/Accused.
Mrs. Seema Deshpande, Ld. Addl. P.P., for the State/respondent.
CORAM : H.H. THE ADDL. SESSIONS JUDGE
ANAND PANDURANG KANADE (C.R.60)
DATE : 16.09.2022.
ORDER
1.
Vide present application under Section 439 of Code of
Criminal Procedure, the applicant requested to release him on bail in
Crime No. 356 of 2021 registered at Kalachowki Police Station for
offences punishable under Sections 420, 406 r/w. 34 of Indian Penal
Code.
CRI. BA 1964/2022
2.
2
ORDER
Prosecution case in brief is as under :
The complainant Ajay Suresh Sawant is resident of Room
No. 605, Building No. 02/B, MHB Colony, Gorai Road, Borivali (W). It
is the case of prosecution that complainant and his brother were
interested in purchasing the room. The applicant informed him that he
is MHADA Officer and introduced them to 2 other persons with the
assurance that they would provide him MHADA Room at Borivali for Rs.
17,00,000/. Complainant was asked to pay Rs. 2,00,000/ in cash to
the applicant. The complainant has stated that his wife withdrew cash
of Rs. 2,00,000/ from her Maharashtra Bank Account and handed over
the same to her sister Anagha for payment to the applicant. It is also
stated that subsequently, two cheques for sum of Rs. 10,00,000/ and
Rs. 5,00,000/ were handed over to the applicant and Prathamesh
Sawant. The complainant has alleged that despite payment of money,
he has not been given the room. Therefore, he lodged the report against
the applicant/accused and others with Kalachowki Police Station. On
that basis, Crime No. 356 of 2021 has been registered against the
applicant/accused and others.
3.
In the course of investigation, Investigating Officer arrested
the applicant/accused on 31.05.2022. Since then, he is in judicial
custody. The applicant has filed the present application to enlarge him
on bail. He raised the grounds that he has been falsely implicated in the
alleged offence. He has not received any amount from the complainant
in his name and he does not have any involvement in the alleged crime.
The two cheques which were issued to Prathamesh Sawant was
deposited in the bank account of Rajesh Sawant and Ankush Jankar and
applicant has no connection with the said two persons. Nothing has
been recovered at the instance of the applicant. Chargesheet has been
CRI. BA 1964/2022
3
ORDER
filed against the applicant/accused. His further custody is not required.
Hence, this application.
4.
Ld. Addl. P.P. and I.O. filed their Say at Exh – 2 and
resisted the bail application. It is submitted that if the applicant is
enlarged on bail, there is possibility of repetition of crime. Another
crime for similar offence being C.R.No. 102 of 2019 has been registered
against the present applicant at Kalachowki Police Station. There is
possibility of pressurizing the prosecution witnesses. Hence, it is prayed
to reject the bail application.
5.
Heard both sides. Perused papers on record. It reveals from
record that the amount of Rs. 15,00,000/ has been deposited in the
account of Shri. Sairaj Property Proprietorship concern of accused
Rajendra Sawant and Ankush Jankar. There is no primefacie material
to indicate that wife of the complainant had withdrawn sum of Rs.
2,00,000/ on 04.01.2018 from her bank account in Maharashtra Bank
and handed over that amount to the present applicant/accused. Since
31.05.2022, applicant/accused is in judicial custody. His police custody
period is already over. The applicant is permanent resident of address
given in the application. He is ready to abide by the terms and
conditions that may be imposed on him. No ground is made out for the
further detention of the applicant/accused. Considering above said
reasons, I am of view that application deserves to be allowed but on
certain conditions. Hence, following order.
:ORDER:
1.
The Criminal Bail Application No. 1964 of 2022 is allowed as
under.
CRI. BA 1964/2022
2.
4
ORDER
The applicant accused namely Rajesh Ramnath Sharma be
released on bail on executing personal bond of Rs. 20,000/ and one or
two solvent sureties of the same amount in Crime No. 356 of 2021
registered at Kalachowki Police Station.
3.
Cash security of Rs. 20,000/ is permitted provisionally for the
period of 1 month in lieu of the surety bond.
4.
The accused shall submit a list of atleast 3 blood relatives with
their detailed residential addresses and also the addresses of their place
of work if any, and documentary proof of showing the correctness of the
details provided by them.
5.
The accused and the surety shall inform the police authorities as
well as the trial court, the change of their residential address while the
accused is on bail.
6.
The accused shall submit copies of at least 2 documents amongst
the Pan Card, Adhar card, Ration card, Electricity Bill, Voter ID card
issued by the election commission or the documents in respect of
immovable properties owned by him.
7.
After submission of the documents as mentioned above, the
Investigating Officer shall conduct physical verification of the residential
address so as to confirm the address appearing on those documents.
8.
The accused shall not make any inducement or threat 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 or tamper with
the evidence.
9.
The accused shall not leave territorial limits of Mumbai without
prior permission of the court.
10.
The accused shall not commit any offence similar to the offences
of which he is accused in the present matter.
11.
Conditions No. 4 to 8 shall be complied with simultaneous to the
CRI. BA 1964/2022
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ORDER
furnishing of the cash security or the surety bond whichever is earlier.
12.
Bail before the Court of Metropolitan Magistrate.
Anand
Pandurang
Kanade
Digitally signed
by Anand
Pandurang
Kanade
Date: 2022.09.16
15:46:23 +0530
(Anand P. Kanade)
Addl. Sessions Judge
Sessions Court,
Mumbai. C.R. 60
Dictated on
Transcribed on
Date of sign
: 16.09.2022
: 16.09.2022
: 16.09.2022
CRI. BA 1964/2022
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ORDER
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
16/09/2022
, 3.45 p.m.
UPLOAD DATE AND TIME
Mr. Prasad S. Pednekar
NAME OF STENOGRAPHER
Name of the Judge (with Court
Room No.)
HHJ Anand P. Kanade,(C.R.No.60)
Addl. Sessions Judge.,City Civil &
Sessions Court,
Date of pronouncement of /Order
16.09.2022
Order signed by P.O. on
16.09.2022
Order uploaded on
16.09.2022