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IN THE COURT OF SESSIONS FOR GREATER MUMBAI AT MUMBAI
CRIMINAL BAIL APPLICATION NO.1888 OF 2022
CNR NO. MHCC020103012022
Sagar Balkrishna Phatak
R/at : Undil Phanasgaon Sindhudurg,
Maharashtra – 41681.
…Applicant/Accused
Vs.
The State of Maharashtra
(At the instance of DCB CID, Unit III)
…Respondent/State
Appearances :
Mr. Vikas Kamble, Ld. Advocate for the applicant/accused.
Ms. Ratnavali Patil, Ld. APP for the Respondent/State.
CORAM : H. H. THE ADDL. SESSIONS JUDGE,
SHRI A.A. KULKARNI (C.R. NO.24)
DATED : 4TH AUGUST, 2022
(ORAL ORDER)
(Dictated and pronounced in the open Court)
This is an application for bail under Section 439 of Cr. P.C.
Heard Ld. Advocate for the applicant and Ld. APP for the State. Perused
documents on record.
2.
Ld. Advocate for applicant submitted that, Crime Detection
Branch received information about cheating of persons in the name of
Tata Capital in the area of Ghatkopar West. According to information,
they effected raid at Shripal Building, M.G. Road, Ghatkopar (W),
Mumbai. During raid and search they found applicant alongwith Satish
Durgule, Deepika Mali and Prathamesh Patade. Hence, on allegation of
cheating, forgery and preparation of false documents, police arrested
applicant and other three persons. It is contended by applicant that
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investigating is completed. During investigation, two mobile phones,
two sim cards, Aadhar Card of applicant, PAN Card, Debit Cards of
Kotak Bank and Corporation Bank, Visiting Cards, one SIM of BSNL one
one notebook is seized from applicant. Except these articles, there is no
evidence of cheating, forgery and other charges levelled by investigating
officer against applicant. It is further contended that applicant was
working as employee of company run by Satish Durgule. He has not
received any amount from any person. It is submitted that as
investigation is completed, there is no prima facie evidence against
applicant of involvement in cheating and other activities. Hence, prayed
for grant of bail.
3.
Ld. APP filed say Exh.2 and opposed the application on the
ground that applicant and other persons were running Call Center in
the name of Tata Capital Company. During investigation, it is revealed
that there is cheating of four persons of amount of Rs.1,98,300/. There
is conspiracy. Four accused are yet to be arrested. Offence is serious,
technical and complicated. Hence, prayed for rejection of the
application.
4.
In view of submissions from both the sides and on perusal
of documents, it is clear that investigation against applicant is
completed. There are no specific allegations about cheating of applicant
to any person. It is further clear that the alleged company was run by
accused Satish Durgule. Prima facie there is nothing on record showing
that by committing cheating, applicant received any benefit. As per
prosecution case, nothing is to be seized at the instance of applicant in
future. There are no criminal antecedents against applicant. Therefore,
in such circumstances, I am of the opinion that as investigation is
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completed, nothing is to be seized at the instance of applicant, there is
no point to detain applicant further for indefinite period. Therefore,
applicant is entitled to be released on bail. Hence, I passed the
following order :
ORDER
1.
Criminal Bail Application No. 1888 of 2022 is allowed.
2.
Applicant/accused Sagar Balkrishna Phatak be released on bail on
his furnishing P.R. Bond of Rs.25,000/ along with one or two
sureties of like amount in connection with C.R. No.21/2022
registered with DCB CID, Unit III.
3.
Applicant/accused shall attend DCB CID, Unit III office on notice
by Investigating Officer.
4.
Applicant/accused shall furnish his residential address proof and
contact numbers to Investigating Officer.
5.
Applicant/accused 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 to any Police Officer.
6.
Applicant/accused shall not leave India without previous
permission of the Court.
7.
Bail before Ld. Court below.
8.
Criminal Bail Application No.1888 of 2022 stands disposed of
accordingly.
Date : 04.08.2022
Dictated on
: 04.08.2022
Transcribed on : 04.08.2022
HHJ signed on : 04.08.2022
[A.A. KULKARNI]
ADDITIONAL SESSIONS JUDGE
GREATER MUMBAI
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
Upload Date
05.08.2022
Upload Time
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Name of Stenographer
PRAJWALA V. PHODKAR
Name of the Judge (With HHJ SHRI. A.A. KULKARNI (CR 24)
Court Room No.)
Date of Pronouncement
JUDGMENT /ORDER
of 04.08.2022
JUDGMENT /ORDER signed by 04.08.2022
P.O. on
JUDGMENT /ORDER uploaded 05.08.2022
on