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IN THE COURT OF SESSIONS FOR GREATER MUMBAI AT MUMBAI
CRIMINAL BAIL APPLICATION NO.1552 OF 2022
CNR NO. MHCC020085332022
Rajneet Janardhan Thripathi
Age: 37 years, Occ.: Jewellery Designer,
R/at: Room No.507, 5th floor Sai Construction
Janki Tower, Gala No.01, Talwa Road,
Diva (E), Dist. Thane.
…Applicant/Accused
Vs.
The State of Maharashtra
(At the instance of Kalachowki Pol. Stn.)
…Respondent/State
Appearances :
Mr. Ashok Jaiswar, 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 : 11TH JULY, 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
say and documents on record.
2.
The Ld. Advocate for the applicant submitted that police
arrested applicant in connection with Crime No.283/2022 for the
offences punishable under Sections 420, 464, 465, 468, 471, 511, 34,
120B of IPC. It is his further submission that as per the allegations in
FIR, alleged cheque is prepared by unknown person, which was given to
Suketu Ramchandera Deve, he received it from Jayesh Shah. It is
alleged by I.O. that forged cheque is prepared by one Raju Tripathi
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(present applicant). Hence, applicant is arrested by police. Thereafter,
on the allegations of forgery, cheating and using false and fabricated
cheque, applicant is arrested by police alongwith other accused in this
case. It is further submitted that alleged cheque is not encashed by
concern bank of the Informant. Taking into consideration role of
present applicant of commission of forgery, as the cheque is not
enchashed, hence, offence under Sections 420, 464, 468, 471, is not
completed. Case may be proceeded against applicant for commission of
forgery. Already alleged forged cheque is seized by police, hence
nothing remained to be recovered in this case from accused. Hence, it is
submitted that applicant is innocent and he is falsely implicated in this
case by police. Hence, prayed to released applicant on bail.
3.
Ld. APP filed say Exh.2 and opposed the application on the
ground that present applicant with other accused committed offence of
conspiracy and its prosecution, attempted to encash cheque of
Rs.78,00,000/ from the account of father of informant. Offence is
serious. If applicant is released on bail there is possibility of his
absconding. Hence, prayed for rejection of the application.
4.
In view of submissions from both the sides and on perusal
of documents on record, it is clear that alleged cheque is not encashed
by its banker. Therefore, no offence of cheating is completed. Further,
from the story of prosecution, prima facie, offence under Sections 468
and 471 of IPC is also not made out as the account holder of the bank
denied that cheque has been issued to him by the bank and he issued it
to any person for encashment. Therefore, in such circumstances, prima
facie, only offence under Section 465 of IPC i.e. commission of forgery
of the documents is made out. It is clear from the investigation papers
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that scope of crime is wide. If presence made involvement in the
commission of the crime than also prima facie only offence under
Section 465 of IPC is only made out which is punishable upto
imprisonment of two years. Further, merely the cheque amount was of
Rs.78,00,000/ which is not encashed. Therefore, indefinite detention of
applicant is not warranted. Similarly, for the purpose of proper
investigation, cooperation of applicant is necessary for investigating
agency. Therefore, I am of the opinion that applicant may be released
on bail by imposing conditions. Hence, I passed the following order :
ORDER
1.
Criminal Bail Application No. 1552 of 2022 is allowed.
2.
Applicant/accused Rajneet Janardhan Thripathi be released on
bail on furnishing P.R. Bond of Rs.50,000/ alongwith one or two
sureties of like amount in connection with C.R. No.283/2022
registered with Kalachowki Police Station for the offences
punishable under Sections 420, 464, 465, 468, 471, 511, 34, 120
B of IPC.
3.
Applicant/accused shall attend Kalachowki police station on
notice by Investigating Officer.
4.
Applicant/accused shall furnish his residential address proof and
contact numbers to Investigating Officer. As well as submit
address of two close relatives.
5.
Applicant/accused shall not directly or indirectly, make any
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.
6.
Applicant/accused shall not leave India without the previous
permission of the Court.
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7.
Bail before Ld. Court below.
8.
Criminal Bail Application No.1552 of 2022 stands disposed of
accordingly.
Date : 11.07.2022
Dictated on
: 11.07.2022
Transcribed on : 11.07.2022
HHJ signed on : 11.07.2022
[A.A. KULKARNI]
ADDITIONAL SESSIONS JUDGE
GREATER MUMBAI
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE
ORIGINAL SIGNED JUDGMENT/ORDER.”
Upload Date
12.07.2022
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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 11.07.2022
JUDGMENT /ORDER signed by 11.07.2022
P.O. on
JUDGMENT /ORDER uploaded 12.07.2022
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