CNR No.
MHCC020047342022
IN THE COURT OF SESSION FOR GR. BOMBAY AT MUMBAI
BAIL APPLICATION NO.831 of 2022
Rodrigues Domnic Miltroy
Age – 38 year,
R/o – 250, 264/3, Sinquetin,
Navelim Salcete, South Goa.
…
Applicant
…
Respondent
Versus
The State of Maharashtra
(At the instance of Police Station,
BKC,
C.R.No.70/2022)
Appearance:
Mr. Prashant Aher, Ld. Adv. for applicant.
Mrs. Rashmi Tendulkar, Ld. Addl. P.P.
CORAM :
DATE :
HIS HONOUR ADDL.SESSIONS
JUDGE M. G. DESHPANDE
(C.R.No.16)
April 26, 2022
ORDER
1.
Applicant
Rodrigues
Domnic
Miltroy
is
accused
in
C.R.No.70/2022 registered with BKC Police Station under Ss. 420, 465,
467, 468, 471, 473, 120B of I.P.C.
He is praying to grant bail.
Prosecution vide say (Exh.2) of Investigating Officer reiterating facts
alleged in the FIR, contended to reject the application on the grounds
that, absconding accused are yet to be arrested. That, the documents
are remained to be verified.
That, investigation as to how bogus
documents are prepared. That, there is possibility that accused will
destroy evidence. That, accused being from Goa, will not attend the
trial. With this, it is contended to reject the application.
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BA No.831/2022
2.
Heard Ld. Adv. Mr. Prashant Aher for the applicant and
Ld. A.P.P Mrs. Rashmi Tendulkar. Following points arise for my
determination.
I am recording following findings thereon for the
reasons discussed below :
POINTS
FINDINGS
1.
Whether the applicantaccused has made
out a strong primafacie case to release him
on bail ?
Yes
2.
What Order ?
As per final order
REASONS
POINT NO.1.
FACTS INVOLVED IN C.R.NO.70 OF 2022.
3.
Informant Abrahm Ramirage is working as Assistant
Regional Security Officer, Investigator in American Consulate, B.K.C.,
Bandra (E), Mumbai.
On 17.03.2021 between 10.00 a.m. to 12.00
hours when the informant was busy in work of taking interviews and
verifying documents of applicants who had applied for American visa.
While making inquiry about the documents filed by the present
applicant, he noticed that, appointment letter issued by Carnival
Support Services India Pvt. Ltd.
is bogus.
company was contacted through Email.
Accordingly the said
However, the company
informed in the negative stating that, they had not issued any
appointment letter as such in the name of the applicant. Thereafter,
applicant was thoroughly inquired, but he could not explain anything.
These are the facts.
4.
Say of Investigating Officer indicates that, during the
investigation the applicant was remanded to police custody, wherein it
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BA No.831/2022
was revealed that, college friend of the applicant named Salvin works in
hotel at America. He introduced a person agent named Anil Pagare to
the applicant alongwith his mobile. Accordingly the applicant contacted
him. Anil Pagare agreed to prepare documents for the applicant and
charge
Rs.4,50,000/
for
the
same.
He
then
gave
mobile
No.89566907138 (11 digits as stated in the say) of Nashik and asked
the applicant to contact on the said mobile number. He further directed
the applicant to send his all documents to the said address i.e. Global
Mobility, First Floor, Giri Kale Building, in front of KFC, Thatte Nagar,
Nashik. It was also directed to the applicant that, the applicant should
remove the conversation/chat from his mobile once he contacted the
said agency.
5.
Accordingly the applicant contacted on the said mobile
number. A girl talked with him. Applicant had also sent his CDC,
passport through Professional Courier, Dhobi Talav, Mumbai to the said
agency.
Applicant had sent Rs.1 Lakh out of agreed amount
Rs.4,50,000/ to Anil Pagare on his account in SBI. Accordingly, the
said Anil Pagare informed the applicant that his all papers were sent to
American Consulate through Courier. When the applicant was called
for interview it was revealed that said papers are forged and bogus. In
this way investigation revealed these facts.
6.
I carefully examined the contention of the applicant and
also gone through the say of prosecution as well as order 04.04.2022
passed by Ld. 71St Metropolitan Magistrate, Bandra, Mumbai. I have
carefully read the application dt.17.03.2022 filed by the informant to
the Sr. P.I. on the basis of which FIR came to be registered.
It is
material to note that, the informant has specifically alleged offences
BA No.831/2022
.. 4..
under Ss. 420, 465, 468, 471, 473, 120B IPC. It is material to note that,
applicant was arrested on 17.03.2022. Initially he was remanded to
police custody till 21.03.2022. In the said investigation all documents
were already seized by the Investigating Officer.
Even material
information relating to the alleged crime was also collected by custodial
interrogation of the applicant. Primafacie it appears that someone else
Anil Pagare had prepared the alleged documents for the Visa of the
applicant. A girl was in touch with the applicant as directed by the said
Anil Pagare.
In my opinion sufficient investigation has been done
against the applicant. Law is settled that, to arrest absconding accused,
further detention of the person like applicant is not necessary.
Everything is documented and alleged forged documents were already
seized by the Investigating Agency. None of the reasons put forth by
the Investigating Officer for rejecting the application does not justify
further detention of the applicant. It cannot be ignored that all jails in
Mumbai are overcrowded. No one is sure when the chargesheet will be
filed, trial will begin and conclude. In this background I am of the
opinion that if certain conditions are imposed on the accused, same will
safeguard the objections raised by the prosecution. Therefore, I hold
that applicant has made out strong primafacie case for granting bail.
Hence, Point No.1 is answered in the affirmative and following order is
passed :
ORDER
1.
Bail Application No.831 of 2022 is allowed.
2.
Applicant Rodrigues Domnic Miltroy be released on bail
in C.R.No.70/2022 registered with BKC Police Station by
his executing PR bond of Rs.30,000/ with one or two
sureties of like amount.
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BA No.831/2022
3.
The applicant shall attend BKC Police Station once in a
week on every Saturday at any time between 08.00 a.m.
to 05.00 p.m. and maintain its record for 60 days.
4.
The applicant shall undertake not to pressurize informant
and prosecution witnesses in any manner and also not to
tamper with the evidence of prosecution.
5.
The applicant be released on furnishing provisional cash
security of Rs.30,000/ with PR bond with an
undertaking to furnish surety within two months, as
directed above.
6.
Bail before Ld. Court of First Instance.
MADHAV
GOPAL
DESHPANDE
Dt.: 26.04.2022
Signed on
Digitally signed by
MADHAV GOPAL
DESHPANDE
Date: 2022.04.26
18:03:37 +0530
( M.G. Deshpande )
Addl. Sessions Judge.
C.R.No.16, Gr.Bombay at Mumbai
: 26.04.2022
BA No.831/2022
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
26.04.2022 at
hours
UPLOAD DATE AND TIME
Name of the Judge
Date
of
pronouncement
judgment/order
(KISHOR PRAKASH SHERWADE)
NAME OF STENOGRAPHER
HHJ M. G. DESHPANDE
(COURT ROOM NO.16)
of 26.04.2022
Judgment/order signed by P.O. on
26.04.2022
Judgment/order uploaded on
26.04.2022