MHCC020060722022
IN THE SESSIONS COURT FOR GREATER MUMBAI
AT MUMBAI
CRIMINAL BAIL APPLICATION NO.1080 OF 2022
(CRIME NO.80 OF 2022, MAHIM POLICE STATION)
CNR No.MHCC02-006072-2022
Ramesh @ Ramya Vijaykumar Jaiswal,
Age : 42 years, Occ. : –,
Address : 86A SE G No.202, Samaghan
Wad, B-Vibhag, 2b, Senapati Bapat Marg,
Mumbai City- 400 016.

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… Applicant/
Accused
Vs.
The State of Maharashtra
(Through Mahim police station).

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… Respondent/
Complainant
Appearances :Mr. P. R. Patond, Ld. Adv. for applicant.
Mr. J. N. Suryawanshi, Ld. A.P.P. for respondent/State.
CORAM : VISHAL S. GAIKE,
ADDL. SESSIONS JUDGE,
COURT ROOM NO.22.
DATE : 10th June, 2022.
ORDER
1.

This is an application for regular bail under Section 439 of
the Code of Criminal Procedure in connection with Crime No.80 of
2022 registered at Mahim police station for the offence punishable
under Section 420 r/w. 34 of the Indian Penal Code.

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2.

BA 1080/22
It is the case of the prosecution that, the complainant
Claudio Joseph Silvera, aged 65 years, resident of Ramkutir Housing
Society, Pandit Gunidas Road, Mahim, Mumbai, gave report that on
11/03/2022, at 3.15 p.m., he was proceeding on foot towards Colaba.
When he came near Kanosa High School, near Dighi Garden, M.M.C.
Road, Mahim, two unknown persons came near him. A person namely
Subhash Seth instigated the complainant to give his golden chain worth
Rs.1,50,000/- weighing 30 grams and cash amount of Rs.500/-. In this
manner, they cheated him and went away.
3.

The say of the Investigating Officer was called. He has
stated that, after registration of the crime the C.C.T.V. footage from the
spot of incident was obtained and the statements of witnesses were
recorded along with the preparation of spot panchanama. Accused
Ramesh @ Ramya Vijaykumar Jaiswal was arrested in Crime No.42 of
2022 registered at Agripada police station. He allegedly confessed
during his police custody that he had committed the present crime, due
to which Crime No.80 of 2022 was registered against him. Hence, he
was taken into custody in present crime on the basis of production
warrant. The screenshots of the C.C.T.V. footage was shown to the
complainant and he recognised the person, who has cheated him. That
applicant is an habitual offender and if he is released on bail, then he
may commit similar offences. He may threaten and pressurise the
witnesses and may not remain present before the Court. Hence, the
application may be rejected.
4.

Heard both the parties. Perused the record. Learned
counsel for the applicant submitted that, applicant is innocent and has
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BA 1080/22
not committed any crime, as alleged. He has been falsely implicated in
the present crime by the police. No test identification parade was
conducted in the presence of complainant to ascertain the identity of
the accused. The charge-sheet is already filed and no further purpose
would be served by keeping the applicant behind the bars. Applicant is
ready to abide any condition which may be imposed upon him, in the
event of his application being allowed. Hence, he may kindly be
released on bail.
5.

Learned A.P.P. reiterated the contents from the say of the
Investigating Officer and submitted that investigation is in progress.
Hence, the application may be rejected.
6.

I have carefully considered the submissions made by both
the parties and perused the copy of charge-sheet. Applicant’s alleged
confessional statement recorded in police custody, is not admissible in
evidence. No test identification parade was conducted by the
Investigating Officer to ascertain the identity of the accused. Criminal
antecedents of the applicant are alleged, but admittedly, he has not
been convicted in any previous offences. The trial against the applicant
may take time to commence and conclude and the presumption of
innocence is available to him till the conclusion of his trial. There
appears no possibility that applicant may flee away from justice. Hence,
I am inclined to allow the present application and proceed to pass the
following order :ORDER
1.

Bail Application No.1080 of 2022 is hereby allowed.

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BA 1080/22
2.
Applicant Ramesh @ Ramya Vijaykumar Jaiswal in C.R.
No.80 of 2022 registered with Mahim police station for the offence
punishable under Section 420 r/w. 34 of the Indian Penal Code, shall
be released on bail on executing P.R. bond of Rs.15,000/- with one
surety in the like amount, and on following conditions :(a)
He shall not tamper with the prosecution witnesses and
evidence ;
(b)
He shall furnish his detail address, mobile/contact number,
address proof and identity proof at the time of furnishing bail ;
(c)
In case of change of his residence or mobile/contact
number, he shall inform it to the Court and Investigating Officer ;
(d)
He shall attend the Court regularly ;
(e)
He shall not leave the jurisdiction of this Court without the
permission of concerned Metropolitan Magistrate and if the case is
committed to this Court, without the permission of this Court.
3.
Bail shall be furnished before concerned Metropolitan
Magistrate.
4.

Bail Application is disposed off accordingly.
Digitally signed
by VISHAL
SADASHIVRAO
GAIKE
Date:
2022.06.14
12:09:22 +0530
Date : 10/06/2022.
Directly typed on Computer on
Printed on
Signed on
( VISHAL SADASHIVRAO GAIKE )
ADDL. SESSIONS JUDGE,
CITY CIVIL & SESSIONS COURT,
GREATER MUMBAI.
: 10/06/2022.
: 13/06/2022.
:
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BA 1080/22
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
UPLOAD DATE AND TIME
14/06/2022 at 12.10 p.m.

NAME OF STENOGRAPHER
Bahushruta Y. Jambhale
Name of the Judge ( With Court H.H.J. Shri Vishal S. Gaike
Room No.)
(Court Room No.22)
Date
of
Pronouncement
JUDGMENT/ORDER
of 10/06/2022.

JUDGMENT/ORDER signed by
P.O. on
14/06/2022.

JUDGMENT/ORDER uploaded on
14/06/2022.