CRI. BA 1762/2022
1
ORDER
MHCC020095982022
IN THE COURT OF SESSIONS FOR GREATER BOMBAY
AT MUMBAI
CRIMINAL BAIL APPLICATION NO. 1762 OF 2022
( CNR NO.:MHCC020095982022 )
Sagar Raghunath Raut
Age : 44 years, Occ.: Business.
Address Agashi Road,
Devbindu Bungalow,
Near Syndicate Bank,
Virar (West), Palghar 401 303.
V/s.
The State of Maharashtra,
(At the instance of Bhoiwada
Police Station vide C.R.No. 726/2022)
…Applicant/Accused
…Respondent/State
Appearance:
Advocate Bhaskar Udawant, for the applicant/Accused.
Smt. Seema Deshpande, Ld. Addl.P.P., for the State/respondent.
CORAM : H.H. THE ADDL. SESSIONS JUDGE
ANAND PANDURANG KANADE (C.R.60)
DATE : 25.07.2022.
ORDER
1.
Vide present application under Section 439 of Code of
Criminal Procedure, the applicant requested to release him on bail in
Crime No. 726 of 2022 registered at Bhoiwada Police Station for
offences punishable under Section 420 of Indian Penal Code.
CRI. BA 1762/2022
2.
2
ORDER
Prosecution Case in brief is as under :
Rekha Rajesh Yerunkar is the resident of Dr. Shirodkar
Road, Parel. She is having Facebook account. On 18.04.2022, when the
complainant was at her residence, she received request from applicant
which she accepted. Thereafter, complainant and accused started
conversation with each other on Facebook account. The complainant
had enrolled herself in the online class by the name of Forex Market to
learn share market trading. The trainer of that class told complainant
to get the persons in their contact on the Facebook.
Hence,
complainant asked the applicant/accused to join the Forex Market for
the purpose of investing.
At that time, applicant/accused told the
complainant that he had a better investment plan than the Forex
Market. He told her that they can invest in two wheeler spare parts.
Applicant/accused induced the complainant to give him Rs.2,20,000/
on the pretext that he will invest that amount in the two wheeler
business and the complainant would get Rs.40,000/, over a month.
The complainant did not receive any return on her investment. Hence,
she inquired with the applicant/accused, but he gave vague replies. The
complainant realized that applicant/accused cheated her. Hence, she
lodged a report with the Bhoiwada Police Station against the
accused/applicant. On that basis, Crime No. 726 of 2022 has been
registered against applicant/accused. During the investigation, accused
was arrested on 03.07.2022, and since 06.07.2022, applicant/accused is
in judicial custody.
3.
Applicant has filed present application to enlarge him on
bail. He raised grounds that the applicant is engaged as agent in the
business of selling and buying of Forex. He has been falsely implicated
in the present case. During the investigation, applicant/accused
CRI. BA 1762/2022
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ORDER
cooperated the investigating agency and there was no intention on his
part to deceive the complainant.
The transaction between him and
complainant was purely of civil nature. He is ready to abide by the
terms and conditions that may be imposed in him. Hence, this
application.
4.
The Ld. Addl. P.P. and I.O. filed their Say at Exh – 2 and
resisted the bail application. It is submitted that the investigation of
crime is going on. The applicant/accused cheated 8 to 10 persons. One
Criminal case is pending against the applicant/accused. There is
possibility of pressurising the prosecution witnesses. Hence, it is prayed
to reject the bail application. In the present case, complainant has filed
her affidavit at Exh – 4 and 5 and submitted that she has received the
amount of Rs. 2,20,000/ from the applicant/accused. At present, she
has grievence against the accused.
5.
Heard both the sides. Perused police papers on record. It
reveals that since 06.07.2022, applicant/accused is in judicial custody.
The complainant has received an amount of Rs. 2,20,000/ from the
applicant/accused. The police custody period of applicant/accused is
already over. He is arrested for the offences triable by the Metropolitan
Magistrate. For the aforesaid reasons, I am of view that no ground is
made out for the further detention of the applicant/accused. In the
result, following order.
:ORDER:
1.
The Criminal Bail Application No. 1762 of 2022 is allowed as
under.
2.
The applicant accused namely Sagar Raghunath Raut be
CRI. BA 1762/2022
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ORDER
released on bail on executing personal bond of Rs. 15,000/ and one or
two solvent sureties of the same amount in Crime No. 726 of 2022
registered at Bhoiwada Police Station.
3.
Cash security of Rs. 15,000/ is permitted provisionally for the
period of 1 month in lieu of the surety bond.
4.
The accused shall attend the Bhoiwada Police Station on every
Monday in between 11.00 a.m. to 01.00 p.m. till filing of the
chargesheet.
5.
The accused shall submit a list of atleast 3 blood relatives with
their detailed residential addresses and also the addresses of their place
of work if any, and documentary proof of showing the correctness of the
details provided by them.
6.
The accused and the surety shall inform the police authorities as
well as the trial court, the change of their residential address while the
accused is on bail.
7.
The accused shall submit copies of at least 2 documents amongst
the Pan Card, Adhar card, Ration card, Electricity Bill, Voter ID card
issued by the election commission or the documents in respect of
immovable properties owned by him.
8.
After submission of the documents as mentioned above, the
Investigating Officer shall conduct physical verification of the residential
address so as to confirm the address appearing on those documents.
9.
The accused shall not make any inducement or threat 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 or tamper with
the evidence.
10.
The accused shall not leave territorial limits of Mumbai without
prior permission of the court.
11.
The accused shall not commit any offence similar to the offences
CRI. BA 1762/2022
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ORDER
of which he is accused in the present matter.
12.
Conditions No. 5 to 8 shall be complied with simultaneous to the
furnishing of the cash security or the surety bond whichever is earlier.
13.
Bail before the Court of Metropolitan Magistrate.
Digitally
signed by
Anand
Pandurang
Anand
Pandurang Kanade
Kanade
Date:
2022.07.28
16:46:23
+0530
(Anand P. Kanade)
Addl. Sessions Judge
Sessions Court,
Mumbai. C.R. 60
Dictated on
Transcribed on
Date of sign
: 25.07.2022.
: 25.07.2022.
: 28.07.2022.
CRI. BA 1762/2022
6
ORDER
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
28/07/2022
, 5.00 p.m.
UPLOAD DATE AND TIME
Mr. Prasad S. Pednekar
NAME OF STENOGRAPHER
Name of the Judge (with Court
Room No.)
HHJ Anand P. Kanade,(C.R.No.60)
Addl. Sessions Judge.,City Civil &
Sessions Court,
Date of pronouncement of /Order
25.07.2022
Order signed by P.O. on
28.07.2022
Order uploaded on
28.07.2022