BA No.1173/2022
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C.R. No.599/2021
IN THE COURT OF SESSIONS FOR GREATER BOMBAY AT BOMBAY
CRIMINAL BAIL APPLICATION NO.1173 OF 2022
( CNR NO.: MHCC02-006513-2022 )
IN
C.R. NO.599 OF 2021
(Nehru Nagar Police Station)
Sachin Gajanan Salunkhe
Aged about 39 years,
Occupation: Business,
R/o:- Bldg. No. 01, B wing, Siddheshwar
Chsl, Kamgar Ngr, Mumbai 400014.

)
)
)
)
)
… Applicant
/Accused
V/s.
The State of Maharashtra.
( At the instance of Nehru Nagar
P. Stn., C.R. No.599/2021)
)
)
)
… Respondents/State.

Appearance:Mr. Jitendra Gamare, Advocate for the Applicant/Accused.
Mr. Ramesh Siroya, APP for the State/respondent.
CORAM : H.H. THE ADDL. JUDGE
SHRI G.B.Gurao (C.R.17)
DATE : 25/05/2022.
ORDER
1.

This is an application under section 439 of Cr.P.C. for bail by
applicants/accused Sachin Gajanan Salunkhe in Crime No.599/2021
under section 420 and 406 of IPC, registered at police station Nehru
Nagar, Mumbai.

BA No.1173/2022
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C.R. No.599/2021
Facts in brief are as under :Complainant Nanda Mahadev Jalgaonkar resides at Nehru
Nagar, Mumbai. The complainant placed the order of the gold bangles
weighing 24.130 grams worth Rs.1,20,270/- to Siddhanath Salunkhe
i.e. accused.

Due to Covid-19, the applicant failed to fulfill the
informant’s order within 15 days.

Subsequently, on 13.04.2021, the
applicant delivered the said two gold bangles to the informant. After 15
days, the informant came back to his shop and submitted that those gold
bangles have been broken. The accused showed his readiness to repair
bangles by charging Rs.5,000/- and asked the informant to collect these
bangles after 8 days. After the lapse of 8 days, the informant visited to
the shop of the accused and found that his shop was closed.
Subsequently, the informant found address of the applicant, but his
house was locked. At that time, the informant came to know that the
applicant duped customers to the tune of Rs.50,87,332/-. Accordingly,
the applicant was not only cheated the informant but also other 26
customers for the amount of Rs.50,87,332/- by the same manner.
However, accused did not gave the amount, took the bangles and
cheated to the complainant. Complainant lodged report in the police
station.
3.

On the report, above mentioned crime is registered and
investigation is started. During investigation accused was arrested.
4.

Mr. Jitendra Gamare Advocate for applicant/accused has
submitted that, the applicant/accused is innocent and he has not
committed any crime. Accused was doing the business of gold smith and
jewelers.

However, due to Covid-19 he suffered losses.

Meanwhile
accused mate with an incident and he was hospitalized. He further
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C.R. No.599/2021
submitted that, major part of the investigation is completed. Accused is
not habitual offender. His antecedents are clear and he is ready to abide
by the conditions, if any, imposed by the Court. Hence, he prayed to
release the applicant/accused on bail.
5.

Mr. Ramesh Siroya, Learned APP for the State has
submitted that offence is serious. If the accused is released on bail then
he will abscond. Hence, he prayed to reject the application.
6.

I have perused the FIR.

It is alleged that, one Nanda
Mahadev Jalgaonkar lodged report against the accused stating that, she
wanted to prepare gold bangles weighing 24.130 grams and therefore,
she gave Rs.1,20,270/ to accused. Accused gave her bangles but they
were not as per the order. Accordingly, she went to accused. Accused
demanded Rs.5,000/- to change the design and kept bangles with him.
Thereafter, she knew that, accused closed his shop.

She searched
accused but did not found. It is also revealed that, accused cheated in
all 27 persons.

Police arrested the accused.

However, there is no
recovery from him. It appears that, accused was running his business
and in Corona period he closed the business.

The antecedents of
accused are clear. He undertakes to abide by the conditions, if any,
imposed by the Court. Major part of the investigation is completed.
Therefore, accused is entitled for bail. Accordingly, following order.
ORDER
1. Bail Application No.1173/2022 is hereby allowed.
2. Applicant/accused namely Sachin Gajanan Salunkhe in C.R.No.599 of
2021 registered with Neharu Nagar police station for the offence punishable
under Sections 420,406 of IPC, shall be released on his executing PR Bond
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C.R. No.599/2021
of Rs.30,000/- (Thirty Thousand only) with one or more sureties of the
like amount on the conditions that :a)
He shall attend concerned police station as and when reasonably
required by investigating officer till further orders.
b) He shall not pressurize the prosecution witnesses in any manner.
c) He shall not commit any offence while on bail.
d) He shall attend the dates of Court regularly unless exempted by the
Court.
e) He shall furnish his correct address to the investigating officer.
3. He be released on provisional cash bail of Rs.30,000/-. Duration of
provisional cash bail shall be for four weeks.
4. Bail before Ld. Magistrate.
5. Bail Application No.1173/2021 is disposed of accordingly.

Dictated on
Transcribed on
Date of sign
: 26.05.2022.
: 26.05.2022.
: 27.05.2022.

(G.B.Gurao)
Addl. Judge
City Civil & Sessions Court,
Gr. Bombay.

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C.R. No.599/2021
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
27.05.2022.
UPLOAD DATE AND TIME
Name of the Judge (with Court
Room No.)

Mr. Sanjay Baliram Kaskar
NAME OF STENOGRAPHER
HHJ SHRI.G.B.Gurao,(C.R.No.17)
Addl. Judge.,City Civil & Sessions Court,
Date of pronouncement of /Order 26.05.2022.
Order signed by P.O. on
27.05.2022.

order uploaded on
27.05.2022.