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IN THE COURT OF SESSIONS FOR GREATER MUMBAI AT MUMBAI
CRIMINAL BAIL APPLICATION NO.1961 OF 2022
CNR NO. MHCC02-010839-2022
Sanjay Shashank Kandar
Age:37 years, Occ:Jewelry maker,
Indian Inhabitant residing at
Korasiya, C.K.Town,
Near Sheetal Mata Temple,
West Medanipur, West Bengal.

…Applicant/Accused
Vs.
The State of Maharashtra
(At the instance of Pydhonie Police Station
vide C.R.No.591 of 2022, then
Transferred to DCB CID Unit 6,
vide CR NO.53 of 2022.

…Respondents/State
Appearance :Ms.Anjali Patil, Ld. Advocate for the applicant/accused.
Ms. Jyotsana Gawali, Ld. APP for the Respondent/State.
CORAM : H. H. THE ADDL. SESSIONS JUDGE,
SHRI A.A. KULKARNI (C.R. NO.24)
DATED : 30TH 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. SPP for the State. Perused
documents on record.
2.

Learned advocate for applicant submitted that applicant is
arrested by police in connection with Crime No.591 of 2022 registered
by Pydhonie police station and later on arrested by DCB CID Unit-VI
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having Crime No.53/22 punishable u/s. 408, 465, 468, 471, 411 and
413 r/w 120-B of IPC. It is contention of learned advocate for applicant
that applicant is falsely implicated by police in this case. No cogent
material in relation with crime is on record against applicant. Applicant
was never employee of the informant. Only 8 grams of gold articles
were seized from the house search of the applicant which were belongs
to applicant. In view of material collected against applicant only offence
u/s. 465 and 471 of IPC may be attracted which are bailable. Already
investigation of the crime is completed and chargesheet is filed against
applicant. Applicant is resident of Mumbai. Applicant is ready to abide
conditions imposed by this court and hence prayed for grant of bail.
3.

I.O. and APP opposed application on the ground that applicant
prepared forged Aadhar card in different name at three places and
committed misappropriation of 776 grams of gold. Applicant handed
over misappropriated gold to accused No.2 and thereafter it was sold to
accused No.4 if applicant is released on bail there is possibility of
tampering of evidence. Applicant is part of Inter * State Syndicate
criminal. Hence prayed for rejection of application.
In view of allegations nothing has been seized at the instance of
applicant during investigation. Therefore I am of the opinion in such
circumstances there is need of further custody of applicant.
5.

On perusal of chargesheet it is clear that nothing has been
seized at the instance of applicant. For the purp*ose of offence u/s. 408
of IPC prosecution has to bring on record prima facie that accused was
Clerk or servant of the informant and property was entrusted with him
and he converted it for his own use. In present case except statement of
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informant there is nothing on record to show that applicant was
employee of informant. Therefore, prima facie offence u/s. 408 of IPC is
not made out. Further it is case of prosecution that accused Nos. 1 to 3
i.e. applicant and other accused in furtherance of their common
intention sold out property to accused No.4. In view of recovery shown
in this case it will be matter of trial therefore I am of the opinion that in
view of allegations and prima facie evidence against applicant and
circumstance that investigation is completed and chargesheet is filed
therefore there is no need of further custody of applicant for indefinite
period till conclusion of trial. In view of allegations nothing has been
seized at the instance of applicant during investigation. Therefore I am
of the opinion in such circumstances there is need of further custody of
applicant.To secure presence of accused during trial conditions may be
imposed. Hence, I am of the opinion that applicant be released on bail.
Hence, I passed the following order :ORDER
1.

Criminal Bail Application No. 1961 of 2022 is allowed.

2.

Applicant/accused Sanjay Shashank Kandar be released on bail
on furnishing P.R. Bond of Rs.25,000/- along with one or two
sureties o-f like amount cash security of Rs.25000/- in connection
with C.R. No.53/2022 registered with DCB CID Unit-6.

3.

Applicant/accused shall attend DCB CID Unit-6 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
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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.1961 of 2022 stands disposed of
accordingly.

Date : 30.08.2022
Dictated on
: 30.08.2022Transcribed on : 30.08.2022
HHJ signed on : 30.08.2022
[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
14.09.2022
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Name of Stenographer
Vishnu S. Shinde
Name of the Judge (With Court HHJ SHRI. A.A. KULKARNI (CR 24)
Room No.)
Date of Pronouncement
JUDGMENT /ORDER
of 30.08.2022
JUDGMENT /ORDER signed by 30.08.2022
P.O. on
JUDGMENT /ORDER uploaded 14.09.2022
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