B.A. 1148/2022
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Order
IN THE COURT OF SESSIONS FOR GREATER BOMBAY AT BOMBAY
CRIMINAL BAIL APPLICATION NO. 1148 OF 2022
( CNR NO.: MHCC020063602022 )
Raju Vishwantah Shirsode,
Age: 38 years,
R/o: A13, Gavanpada Sainath
Nagar, Chembur, FCI,
Mumbai400 074.
…Applicant/Accused.
V/s.
The State of Maharashtra.
( At the instance of R.C.F. P.Stn.
Vide C.R. No.96/2021)
…Respondents/State.
Appearance:
Mrs. Meera Choudhari Advocate for the Applicant/Accused.
Mr. Ramesh Siroya, APP for the State/respondent.
CORAM : H.H. THE ADDL. JUDGE
SHRI G.B.Gurao (C.R.17)
DATE : 20/05/2022.
ORDER
1.
This is an application under section 439 of Cr.P.C. for bail by
applicant/accused Raju Vishwantah Shirsode, in crime No.96/2021
under section 379,285 r/w 34 of IPC r/w section 15(1)(2)(3)(4) of
Petroleum and Mineral Pipe Line (Acquisition of Rights of User and
Land)Act, 1962 r/w section 3 of Prevention of Damage to Public
Property Act, 1984, registered at police station R.C.F., Mumbai.
2.
Mr. Ajay Tripathi Advocate for applicant/accused has submitted
that applicant is innocent and he has not committed any crime. Accused
B.A. 1148/2022
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Order
is falsely implicated in the present crime. The investigation is
completed. No role is attributed to the accused. Accused is ready to
abide by the conditions, if any imposed by the Court. According to
him, there is 9 days delay in lodging the FIR. There is nothing to show
that accused was present and committed crime.
He submitted that
earlier bail application of the accused is rejected. However, trial will
not commence in near future.
Accused is permanent resident of
Mumbai and he is ready to abide by the conditions imposed by the
Court. Hence, he prayed to release the applicant/accused on bail.
3.
Mrs. Meera Choudhari, APP for the State has submitted that
offence is serious and if the accused is released on bail then he will
commit similar type of offence. She prayed to reject the application.
4.
I have perused the chargesheet.
It is true that earlier bail
applications of accused are rejected. However, the fact is that during
the investigation one mobile phone and Rs.15,000/ was seized from
accused. It is alleged that accused committed theft of ship base oil.
Thought it is alleged that accused committed theft of base oil, however,
there is no direct evidence against him. The investigation is completed
and chargesheet is filed. Accused undertakes to abide by the conditions
imposed by the Court.
Hence, application deserves to be allowed.
Therefore, following order.
ORDER
1.
Bail Application No. 1148/2022 is hereby allowed.
2.
Applicant/accused namely Raju Vishwantah
Shirsode, in C.R.No.96 of 2021 registered with R.C.F.
B.A. 1148/2022
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Order
Nagar police station for the offence punishable under
Sections 379,285 r/w 34 of IPC r/w section 15(1)(2)
(3)(4) of Petroleum and Mineral Pipe Line
(Acquisition of Rights of User and Land)Act, 1962
r/w section 3 of Prevention of Damage to Public
Property Act, 1984, he shall be released on his
executing PR Bond of Rs.15,000/ (Fifteen Thousand
only) with one or more sureties of the like amount on
the conditions that :
a)
He shall attend the dates of hearing regularly
unless exempted by the court.
3.
He be released on provisional cash bail of
Rs.15,000/. Duration of provisional cash bail shall
be for four weeks.
4.
Bail before Ld. Magistrate.
5.
Bail Application No.1148/2022 is disposed of
accordingly.
Digitally signed
by GIRISH
BALKRISHNA
GIRISH
GURAO
BALKRISHNA
Date:
GURAO
2022.05.26
11:34:54
+0530
(G.B.Gurao)
Addl. Judge
City Civil & Sessions Court,
Gr. Bombay.
Dictated on
Transcribed on
Date of sign
: 20 & 25.05.2022.
: 26.05.2022.
: 26.05.2022.
B.A. 1148/2022
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Order
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER”
26.05.2022.
UPLOAD DATE AND TIME
Mrs. S.S.Sawant
NAME OF STENOGRAPHER
Name of the Judge (with Court Room
No.)
HHJ SHRI.G.B.Gurao,(C.R.No.17)
Addl. Judge.,City Civil & Sessions Court,
Date of pronouncement of /Order
20.05.2022.
Order signed by P.O. on
26.05.2022.
order uploaded on
26.05.2022.