MHCC020037302022
IN THE SESSIONS COURT FOR GREATER MUMBAI
AT MUMBAI
CRIMINAL BAIL APPLICATION NO.647 OF 2022
(CRIME NO.13 OF 2022, V. B. NAGAR POLICE STATION)
CNR No.MHCC02-003730-2022
Rohit Alkunte,
Age : Adult, Occ. : Labour,
Residing at Rubi Cottage, Near Hanuman
Temple, Budh Colony, CST Road,
Kurla (W), Mumbai – 400 070.
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]
]
]
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… Applicant/
Org. Accused No.4
Vs.
State of Maharashtra,
[In relation to FIR bearing CR No.13/2022
dated 15.01.2022 registered by V. B. Nagar
police station, Mumbai].
]
]
]
]
… Respondent
Appearances :Mr. Moin Khan, Ld. Adv. for applicant.
Mr. J. N. Suryawanshi, Ld. A.P.P. for respondent/State.
CORAM : PURUSHOTTAM B. JADHAV,
ADDL. SESSIONS JUDGE,
COURT ROOM NO.22.
DATE : 25th March, 2022.
Addl. Sessions Judge
-2-
BA 647/22
ORDER
1.
This
is
an
application
for
regular
bail.
The
respondent/State resisted it by filing say at Exh.2. Read the application
and say. Heard both sides. Perused the record.
2.
This bail application relates to Crime No.13 of 2022
registered with V. B. Nagar police station. One accused namely Sagar
Laxman Sahu in the said crime, has been granted bail by this Court,
vide order dated 03/03/2022 in Bail Application No.289 of 2022.
Learned Advocate for the applicant submitted that the alleged role of
the applicant is similar to accused Sagar and therefore, the bail may be
granted on the ground of parity. Accused Sagar was granted bail on the
ground that there was no involvement of the said accused in the main
activities done by named accused. It was also observed that the active
role of the applicant was not mentioned.
3.
However, so far as the present applicant is concerned,
though his role mentioned in the F.I.R. is similar to accused Sagar, the
further investigation reveals his further role in the alleged offence. In
the further investigation, it is revealed that the applicant took out
amount of Rs.1,200/- from the bag of witness Atib Raees Khan.
Therefore, it appears that the applicant had active role in the
commission of offence. While granting bail to accused Sagar, it was
observed that it was not his case of tampering of witnesses. However, in
the present case, learned A.P.P. submitted that there is possibility of
tampering of witnesses. Offence punishable under Sections 364 and
394 of the Indian Penal Code each are punishable with imprisonment
for life or imprisonment upto ten years. Considering all these facts, I
Addl. Sessions Judge
-3-
BA 647/22
am of the opinion that this is not a fit case for granting bail to the
applicant. If he is released on bail, it would create hurdles in the
investigation. The application deserves to be rejected. Accordingly, I
pass the following order :ORDER
Bail Application No.647 of 2022 is rejected and disposed of accordingly.
Digitally signed
by
PURUSHOTTAM
BHAURAO
JADHAV
Date:
2022.03.29
16:50:48 +0530
Date : 25/03/2022.
( Purushottam B. Jadhav )
ADDL. SESSIONS JUDGE,
CITY CIVIL & SESSIONS COURT,
GREATER MUMBAI.
Directly typed on Computer on : 25/03/2022.
Printed on
: 29/03/2022.
Signed on
:
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
UPLOAD DATE AND TIME
29/03/2022 at 4.55 p.m.
NAME OF STENOGRAPHER
Bahushruta Y. Jambhale
Name of the Judge ( With Court H.H.J. Shri. Purushottam
Room No.)
Jadhav (Court Room No.22)
Date
of
Pronouncement
JUDGMENT/ORDER
of 25/03/2022.
JUDGMENT/ORDER signed by
P.O. on
29/03/2022.
JUDGMENT/ORDER uploaded on
29/03/2022.
Addl. Sessions Judge
B.