BA 85/22
1
ORDER
IN THE COURT OF SESSIONS FOR GREATER BOMBAY
AT MUMBAI
CRIMINAL BAIL APPLICATION 85 OF 2022
( CNR NO.: MHCC020004292022 )
Ramsavare R. Prajapati,
Adult, Indian Inhabitant,
R/at. Galli No. 21,
Savitribai Phule Nagar,
Pantnagar, Ghatkopar (E),
Mumbai 400 063
Applicant/Accused
V/s.
The State of Maharashtra,
( At the instance of Pant Nagar
Police Station vide C.R.No.739/21)
…Respondent/State.
Appearance:
Mr. Sameer Bhandari, Advocate for the applicant/Accused.
Smt. Seema Deshpande, Addl. PP for the State/respondent.
CORAM :
DATE
H.H. THE ADDL. SESSIONS JUDGE
DEEPAK L. BHAGWAT (C.R.60)
: 27.01.2022
ORDER
1.
Vide
present application under Section 439 of Code of
Criminal Procedure, the applicant requested to release him on bail in
Crime No. 739 of 2021 registered at Pant Nagar Police Station for
offences punishable under Sections 420, 406, 465, 468, 471 r/w.
Section 34 of Indian Penal Code.
2.
The prosecution case in brief is that the applicant induced
the informant to pay to him Rs.40 Lakhs on the pretext that 2 flats will
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ORDER
be secured for the informant in Mhada Scheme. The informant also
issued forged letters of Mhada showing that flat has been sanctioned in
favour of the informant. Thus, by committing forgery the applicant
cheated the informant for Rs.40 Lakhs.
3.
The learned advocate on behalf of the applicant argued
that the applicant himself is a victim. In fact, the informant had
approached him and shown his inability to arrange for cash as he is
serving in TCS and gets salary in Cheque, therefore, on the request of
the informant the applicant acted as a postman and delivered the
money to accused No.2. No amount has been received by the applicant
and as such he is not a beneficiary. The applicant also issued cheques in
favour of the informant. If he had intention to cheat, the cheques would
not have been issued. The applicant is ready to cooperate in the
investigation. Therefore, the learned advocate requested to allow the
application.
4.
On the other hand, learned APP argued that investigation is
in progress. Yet chargesheet has not been filed. The amount was
transferred to the account of the applicant. Therefore, she requested to
reject the application.
5.
It appears that the applicant has issued cheques in favour
of the informant. However, in course of investigation, it has been
transpired that the whole amount of Rs.40 Lakhs taken by the applicant
from the informant has been given to accused No.2. Same circumstance
has to be kept in consideration. The offences are triable by the
Metropolitan Magistrate. Police custody period of the applicant is
already over. No purpose would be served by his further detention in
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ORDER
the custody. Better to direct him to attend the police station for
investigation. Considering these circumstances it is appropriate to grant
bail subject to certain conditions. Hence, order as follows is passed:
:ORDER:
1. The Bail Application No.85 of 2022 is allowed as under.
2. The applicant accused namely Ramsavare R. Prajapati be released
on bail on executing personal bond of Rs.50,000/ and one or two
solvent sureties of the same amount in
Crime No. 739 of 2021
registered at Pant Nagar Police Station.
3.
Cash security of Rs.50,000/ is permitted provisionally for the
period of 1 month in lieu of the surety bond.
4
The accused shall attend the Pant Nagar Police Station on every
Monday in between 10.00 am to 12.00 pm till filing of the chargesheet.
5.
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.
6.
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.
7.
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.
8.
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.
9.
The accused shall not make any inducement or threat to any
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ORDER
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.
10.
The accused shall not leave territorial limits of Mumbai without
prior permission of the court.
11.
Conditions No. 5 to 8 shall be complied with simultaneous to the
furnishing of the cash security or the surety bond whichever is earlier.
12.
Bail before the Court of Metropolitan Magistrate.
Digitally signed
by DEEPAK
LAXMANRAO
DEEPAK
LAXMANRAO BHAGWAT
Date:
BHAGWAT
2022.02.04
15:49:07 +0530
(Deepak L. Bhagwat)
Addl. Session Judge
Sessions Court,
Mumbai. C.R. 60
Dictated on
Transcribed on
Date of sign
: 27.01.2022
: 28.01.2022
: 04.02.2022
BA 85/22
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ORDER
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER”
04.02.2022, 4.00pm
UPLOAD DATE AND TIME
Mrs. Revati V. Kadam
NAME OF STENOGRAPHER
Name of the Judge (with Court Room
No.)
HHJ Deepak L. Bhagwat,(C.R.No.60)
Addl. Judge.,City Civil & Sessions Court,
Date of pronouncement of /Order
27.01.2022
Order signed by P.O. on
04.02.2022
order uploaded on
04.02.2022