Sanjay Nana Ghegadmal Vs State of Maharashtra Bombay Sessions Court Criminal Bail Application No 1559 of 2022

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BA 1559 of 2022
IN THE COURT OF SPECIAL JUDGE,CBI FOR GR.BOMBAY
AT BOMBAY
Bail Application No. 1559 of 2022
(CNR No.MHCC02­008441­2022)
In
Criminal Appeal No.373 of 2022
Sanjay Nana Ghegadmal
Aged about 68 years,
Indian, Hindu,
Inhabitant of Mumbai, Occ. Labour,
R/at Ramabhai Colony,
D.B. Pawar Chowk,
Opp. to Datta Mandir,
Siddharth Chawl,
Char Chal Road,
Ghatkopar (East),
Mumbai – 400 075.
Mob No. 97024 38477
… Applicant
Versus
C.B.I. A.C.B. Mumbai
… Respondents
Appearances:
Ld. Adv. Shri. Santosh Mahamuni for Applicant
Ld. S.P.P. Shri. Sandeep Singh for CBI, ACB, Mumbai.
CORAM : HIS HONOUR SPECIAL JUDGE
SHRI A.S. SAYYAD
CBI SPECIAL COURT (C.R.No.52)
DATE : JUNE 28, 2022.
(DICTATED AND PRONOUNCED IN OPEN COURT)
:ORAL ORDER:
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BA 1559 of 2022
This is an application filed by the applicant/original accused for
bail in Appeal preferred against conviction in Criminal Case No.
58/PW/2013 passed by the Ld. Metropolitan Magistrate, 03 rd Court,
Esplanade, Mumbai.
2.

According to applicant, Ld. Trial Court has convicted him vide
conviction order dated 26.05.2022 whereby he was maximum convicted
for rigorous imprisonment for a period of three years and for other
offences two and one years. After conviction and sentenced order, the
Ld. Trial Court has released the applicant on bail on the same day.
During the trial, he was on bail and he has never jumped any condition
of the bail before the Ld. Trial Court. According to applicant, he has
challenged the impugned order of the Ld. Trial Court before this court,
so he needs to get an opportunity to present his case on merit. He is
ready to obey any condition which imposed by this court while
considering this application. On the grounds as above, the applicant
prayed for allow the application.
3.

This application was resisted by the prosecution with reply to pass
any suitable order.
4.

Heard both the sides at length.

5.

Upon perusal of the application and reply thereof, it appears that
being aggrieved by the impugned order of the Ld. Trial Court , the
applicant has preferred an Appeal before this court whereby he has
rendered various grounds for admitting his Appeal. It appears that the
Ld. Trial Court has passed maximum conviction and sentence whereby
impugned order for the period of theree years. After passing the
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BA 1559 of 2022
impugned order, the Ld. Trial Court has released the accused on bail on
same day and suspended the sentence till Appeal period. There is no
record which indicates that the applicant ever during trial has violated
or jumped any condition of his bail order before the Ld. Trial Court. The
Appeal is already admitted vide order passed by this court in Misc
Application No.1191 of 2022. Considering the term of sentence and the
other circumstances mentioned in the application, this court is of the
considered opinion that no prejudice will be caused to prosecution if the
present application is considered as sought by the applicant. Hence,
following order :
ORDER
1.
Applicant/accused Sanjay Nana Ghegadmal in connection with
Criminal Case No. 58/PW/2013 registered with CBI, ACB, Mumbai be
released on his execution P.R. bond of Rs.15,000/­ (Rs. Fifteen
Thousand Only) with one surety in the like amount. Applicant/Accused
is permitted four weeks time for furnishing surety from today.
2.

Provisional cash bail of Rs.15,000/­ is granted to the accused.

3.
The applicant shall remain present before this court on its every
date without fail.
4.

Inform the Ld. Trial Court accordingly.

5.
Criminal Bail Application No. 1559 of 2022 in Criminal Appeal
No. 373 of 2022 stands disposed off accordingly.
Digitally
signed by
AKBARALI
AKBARALI SHABBIR
SHABBIR SAYYAD
SAYYAD
Date:
2022.06.28
15:32:53
+0530
Date :28.06.2022
(A.S. Sayyad)
Special Judge (C.B.I.),
City Civil & Sessions Court,
Gr. Bombay.

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Dictated on
Transcribed on
Signed by HHJ on
: 28.06.2022
: 28.06.2022
: 28.06.2022
BA 1559 of 2022
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BA 1559 of 2022
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE AND TIME
28.06.2022 (03.32 p.m.)

NAME OF STENOGRAPHER
MRS. K.Y. INAMDAR
(STENOGRAPHER)
Name of the Judge
(with Court Room No.)

Shri A.S. Sayyad
C.R. No.52
Date of Pronouncement of JUDGMENT/ ORDER
28.06.2022
JUDGMENT/ORDER signed by P. O. on
28.06.2022
JUDGMENT/ORDER uploaded on
28.06.2022