IN THE COURT OF SESSIONS FOR GR.BOMBAY
AT BOMBAY
BAIL APPLICATION NO.1081 OF 2022
Ramesh @ Ramya Vijaykumar Jaiswal
Age : 42 years
R/a: 86A SE G No.202,
Samaghan Ward, B-Vibhang
2b, Senapati Bapat Marg,
Mumbai- 400 016.
… Applicant/Accused
Versus
State of Maharashtra
(At the instance of Agripada
Police Station.)
… Respondent.
Ld. Advocate Mr. P.R.Pathond for applicant/accused.
Ld.APP Mrs. Raykar for the State.
CORAM : HIS HONOUR THE ADDL.SESSIONS JUDGE
SHRI.M.S.KULKARNI (C.R.NO.56)
DATED : 28th June, 2022.
(DICTATED AND PRONOUNCED IN OPEN COURT)
ORAL ORDER
.
This bail application is in respect of C.R.No.42/2022 registered
with Agripada Police Station dated 08.3.2022 for the offences
punishable under Sections 420 read with Section 34 of I.P.C.
2.
The accused was arrested on 16.3.2022.
He was in police
custody till 21.3.2022. Since 21.3.2022 he has been in judicial custody.
3.
The FIR dated 8.3.2022 discloses that on relevant day at about
3.00 p.m. in the afternoon when the first informant was proceeding
towards the Municipal Corporation office of E ward at Monte South
Project, the applicant/accused came at first informant. He carried the
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first informant near the gate of Mounte South Project and hypnotized
him. Meanwhile other accused also came there and they both removed
his golden chain, locket as well as removed Rs.1000/- from his pocket.
The applicant/accused was arrested on 8.3.2022.
4.
Bail has been asked for the ground that;
Accused has been falsely implicated in the crime.
Investigation is almost completed. There is no direct evidence against
the applicant/accused and he is ready to co-operate the investigating
officer.
5.
Prosecution has strongly objected the application on the
ground that applicant/accused is hardened criminal. Even the least of
crimes registered against the applicant/accused is placed on record,
which discloses that total 38 crimes are registered against the applicant/
accused.
It is also stated that applicant/accused was released on
2.3.2022 on bail in earlier crime and within six days he committed this
crime. So it is stated that it is very possible for the applicant/accused to
commit another crime if he is released on bail.
6.
I
heard
APP
and
Learned
advocate
for
the
The applicant/accused was arrested on 16.3.2022.
He
applicant/accused at length.
7.
was in police custody till 21.3.2022. Then he came to be taken into
judicial custody. Police papers disclose that the recovery had been done
at the instance of applicant/accused. But the fact that since last one
and half months the applicant/accused is put behind bar. It may be true
that applicant/accused is hardened criminal and 38 crimes are
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registered against him. Even within six days on releasing from bail,
accused committed present offence. But the legal principle that bail is
right and it’s denial is exception needs to be followed. Offence lodged
against accused is under Section 419,420 read with Section 34 of the
I.P.C. The investigation is over, so no need to keep applicant/accused for
more period behind bar. Hence, I pass following order;
ORDER
1. Bail Application No.1081 of 2022 is allowed.
2. Applicant/accused Ramesh @ Ramya Vijaykumar Jaiswal in
C.R.No.42 of 2022 is released on bail on furnishing P. R. Bond and SB of
Rs. 25,000/-(Rs. Twenty Five Thousand Only) with one or more
sureties.
3. Provisional cash bail of like amount is allowed. Applicant to furnish
surety within four weeks, after his release.
4. The Applicant/accused is directed to attend Agripada Police Station
on every Monday between 09.00 a.m. to 11.00 a.m. till filing of
chargesheet and co-operate the investigating officer in investigation.
5. The applicant shall not tamper with evidence.
6. Bail before the Lower Court.
7. Bail Application No.1081 of 2022 stands disposed off accordingly.
Date : 28.06.2022.
Dictated on
Typed on
Signed on
(M.S.Kulkarni)
Addl.Sessions Judge,
City Civil and Sessions Court,
For Greater Bombay
: 28.06.2022.
: 30.06.2022.
:
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“ CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE AND TIME
NAME OF STENOGRAPHER
: 02.07.2022 at 4.11 p.m.
: Mrs.Prajakta K. More
NAME OF THE JUDGE
HHJ SHRI.M.S.Kulkarni
(C.R.No.56)
Date of Pronouncement of Order
28.06.2022
Order signed by the P.O. On
01.07.2022
Order uploaded on
02.07.2022