B.A.250/2022
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Order
IN THE COURT OF SESSIONS FOR GREATER BOMBAY AT BOMBAY
CRIMINAL BAIL APPLICATION NO. 250 OF 2022
( CNR NO.: MHCC020012022022 )
Sadashiv Nivrutti More
Age: 72 years, Occ: Nil
R/o: Room No.05, Build. no.01,
Kaamgar Nagar, Kurla (W)
Mumbai
…Applicant/Accused.
V/s.
The State of Maharashtra.
( At the instance of Trombay P.Stn.
Vide C.R. No.170/2021)
…Respondents/State.
Appearance:
Ms. Akshita Prajapati 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 : 18/02/2022.
ORDER
1.
This is an application under section 439 of Cr.P.C. for bail by
applicant/accused Sadashiv Nivrutti More in crime No.170/2021 under
section 409,420 r/w 34 of IPC registered at police station Trombay,
Mumbai.
Facts in brief are as under :
2.
Complainant lodged report against the accused, alleging that
accused was director and Promoter of Mahatma Jyotiba Phule society.
The society has taken to redevelop the project of building no.25.
Therefore, complainant and his sister booked room in the society.
B.A.250/2022
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Order
Complainant gave amount to the accused. However, complainant did
not get the room and thereby accused cheated to him.
3.
Complainant lodged report in the police station. On the report,
crime was registered and now same is under investigation.
4.
Ms.Akshita
Prajapati
Advocate
for
applicant/accused
has
submitted that applicant is innocent and he has not committed any
crime. He has not accepted any amount from complainant. Accused is
72 years old. His custodial interrogation is not necessary. He is ready
to abide by the conditions, if any imposed by the Court. Hence, she
prayed to release the applicant/accused on bail.
5.
Mr. Ramesh Siroya, APP for the State has submitted that offence
is serious and if the accused is released on bail then he will pressurize
the witnesses. He prayed to reject the application.
6.
I have Perused FIR and say of prosecution. It is alleged that
accused had worked as “Gat Pramukh”.
He accepted amount from
various persons and gave to accused Madhukar Kamble. It is to be
noted that coaccused Madhukar Kamble, Sandeep Pawar etc.. are
released on bail. Accused is 72 years old and permanent resident of
given address. He undertakes to abide by the condition imposed by the
Court. Hence, considering the role attributed to the present accused and
principle of parity I, find that accused is entitled for bail. Therefore,
following order.
ORDER
1.
Bail Application No.250 of 2022 is hereby allowed.
B.A.250/2022
2.
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Order
Applicant Sadashiv Nivrutti More in C.R.No.170 of 2019
registered with Trombay police station for the offence
punishable under Sections 409, 420 r/w. 34 of the Indian Penal
Code, shall be released on bail on executing P.R. bond of
Rs.25,000/ with one or more solvent sureties in the sum
aggregating to Rs.25,000/, and on following conditions :
(a)
He shall not directly or indirectly make any inducement,
threat or promise to any person acquainted with the facts of the
case so as to dissuade him from disclosing such facts to the
Court or any police officer or tamper with the evidence ;
(b)
He shall furnish his detail address, mobile/contact
number, address proof and identity proof at the time of
furnishing bail ;
(c)
In case of change of his residence or mobile/contact
number, he shall inform it to the Court and Investigating
Officer;
(d) He shall attend the Court regularly ;
3.
Provisional cash bail in the like amount is granted for eight
weeks.
4.
Bail before Ld. Metropolitan Magistrate.
5.
Bail Application No. 250 of 2022 is disposed of accordingly.
Digitally signed
by GIRISH
BALKRISHNA
GIRISH
BALKRISHNA GURAO
Date:
GURAO
2022.02.24
14:49:02 +0530
(G.B.Gurao)
Addl. Judge
City Civil & Sessions Court,
Gr. Bombay.
Dictated on
Transcribed on
Date of sign
: 18.02.2022.
: 23.02.2022.
: 24.02.2022.
B.A.250/2022
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Order
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER”
24.02.2022.
UPLOAD DATE AND TIME
Mrs. S.S.Sawant
NAME OF STENOGRAPHER
Name of the Judge (with Court Room
No.)
HHJ SHRI.G.B.Gurao,(C.R.No.11)
Addl. Judge.,City Civil & Sessions Court,
Date of pronouncement of /Order
18.02.2022.
Order signed by P.O. on
24.02.2022.
order uploaded on
24.02.2022.