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BA 525/2024
05/04/2024
MHCC020034592024
Presented on
Registered on
Decided on
Duration
: 28-02-2024
: 28-02-2024
: 05-04-2024
: 1M, 6 D
IN THE COURT OF SESSIONS FOR GREATER BOMBAY AT
BOMBAY
( Court No.17 )
(Presided Over by S.N.PATIL)
CRIMINAL BAIL APPLICATION NO.525 OF 2024
Mr.Sahil Arif Shaikh
Age: 25 years, Indian Inhabitant,
residing at Dat Mandir Road, Ballarpur,
Dist-Chandrapur-442701.
..Applicant/accused
VERSUS
State of Maharashtra.
(Through Bandra Police station)
..Respondent/State.
________________________________________________________
Appearance:Ld. adv. Shri Mohammad Yusuf for the applicant/accused
Mrs. Ashwini Raykar Ld.A.P.P. for the State/respondent.
________________________________________________________
CORAM : S.N.PATIL
ADDL. S.JUDGE (C.R.17)
DATE : 05/04/2024
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ORDER
1.

This is an application under Section 439(1) of the
Cr.P.C., filed by the applicant/accused to release him on bail.
2.

Perused the application and say filed by the
prosecution. Heard both sides.
PROSECUTION CASE
3.

Informant-Smt.Heena Jafar Qureshi filed complaint
alleging that on the pretext of providing good benefits on
completing certain tasks, the applicant/accused along with other
co-accused, lured her and during the period from 03/10/2023 to
07/10/2023, fraudulently obtained Rs.6,34,261/- from her.
4.

On the basis of the said information, crime bearing
No.1518 of 2023 was registered against the applicant/accused
and other co-accused at Bandra police station for the offence
punishable under Sections 419, 420, 34 of the Indian Penal
Code and Section 66(b)(c) of the Information and Technology
Act.
5.

Applicant/accused prayed for bail on following
amongst other grounds:-
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a-
05/04/2024
Applicant/accused is falsely implicated in
the present matter.

b-
The applicant/accused is made escape goat
in this crime.

c-
The other co-accused are already released on
bail by the Ld. M.M. and therefore this
applicant/accused is also entitled to be released
on bail on the ground of parity.

d-
The applicant/accused is in jail since 31/01/2024.

e-
The applicant/accused is the sole bread earner
in his family.

f-
Applicant/accused is ready to abide by the
conditions imposed upon by the Court.
By
making
these
submissions,
Ld.

Counsel
appearing for applicant/accused prayed to release him on bail.
6.

Ld. APP and Investigating officer submits that if
applicant/accused is released on bail, he will commit similar
type of offence, pressurize the witnesses and he may flee away
from justice. An amount of Rs.2,18,81,864/- is credited in the
bank account of the applicant/accused maintained with ICICI
bank on 04/10/2023 which shows active participation of
applicant/accused in the alleged offence.
By making these submissions, Ld. APP prayed to
reject the application.

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7.

Ld.

Counsel
05/04/2024
appearing
for
applicant/accused
submits as under:a-
F.I.R. is filed against unknown persons.

b-
Rs.70,000/- was credited in the account of
applicant/accused.

c-
Chargesheet is filed and other co-accused
are granted bail, hence this applicant/accused
is also entitled to be released on bail on the
ground of parity.

d-
Applicant/accused submits that he will co-operate
the investigating officer.
By
making
these
submissions,
Ld.

Counsel
appearing for applicant/accused prayed to release him on bail.
8.

Ld. A.P.P. submitted that applicant/accused is
resident of Chandrapur. One accused is still absconding. The
investigation is pending. The admitted amount is transferred in
the account of applicant/accused. He is beneficiary to the said
transaction.
By making these submissions, Ld. A.P.P. prayed to
reject the bail application.
9.

Considered the submissions advanced on behalf of
both sides. The Ld. M.M. Court has rejected the bail application
of applicant/accused by order dated 13/02/2024. On perusal of
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F.I.R. it is revealed that on the pretext of assuring handsome
benefits on completion of certain tasks, the applicant/accused
lured the informant and fraudulently obtained a sum of
Rs.6,34,261/- from the informant. Applicant/accused is resident
of Chandrapur and if he is released on bail, he may flee away.
His active participation can be noticed in this crime.

The
investigation is not yet completed. On perusal of the bank
account of applicant/accused, it can be revealed that an amount
of Rs.2,18,81,864/- was credited in the bank account of the
applicant/accused maintained with ICICI bank on 04/10/2023.
However,
no
explanation
is
coming
forward
from
the
applicant/accused regarding huge transfer of money.
10.

Considering
the
nature
of
offence,
active
participation of the applicant/accused and though the other coaccused are released on bail, this applicant/accused is not
entitled for release on bail on the ground of parity. In the result,
following order:-
ORDER
Criminal Bail Application No.525 of 2024 is rejected and
disposed of accordingly.

05/04/2024
( S.N.PATIL )
Addl. Sessions Judge
City Civil & Sessions
Court, Gr. Bombay.

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Dictated on
Transcribed on
Signed on
:
:
:
05/04/2024
05/04/2024
05/04/2024
05/04/2024
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE
ORIGINAL SIGNED JUDGMENT/ORDER”.

05/04/24 at 05.50 pm.

Mrs.Tanushree C.Kamble
Name of the Judge
HHJ SHRI S.N.PATIL
Date of Pronouncement of
judgment/order
04/04/2024
Judgment and order signed by P.O.

04/04/2024
Judgment/order uploaded on
05/04/2024
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