MHCC020085742022
IN THE SESSIONS COURT FOR GREATER MUMBAI
AT MUMBAI
CRIMINAL BAIL APPLICATION NO.1577 OF 2022
(CRIME NO.122 OF 2022, DADAR POLICE STATION)
CNR No.MHCC02-008574-2022
Mrs. Sarika Deepak Pardeshi,
Age : 42 years, Occ. : Housewife,
R/at : Flat No.5, Building No.A/2,
First Floor, Kubera Colony, NIBM Road,
Kondhwa, Pune – 48.

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… Applicant/
(Original Accused)
Vs.
State of Maharashtra
(Through Dadar police station vide
C.R. No.122/2022).

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… Respondent/
(Original Complainant)
Appearances :Mr. Raheel Malik, Ld. Adv. for applicant.
Mr. Ramesh Siroya, Ld. A.P.P. for respondent/State.
CORAM : VISHAL S. GAIKE,
ADDL. SESSIONS JUDGE,
COURT ROOM NO.22.
DATE : 12th July, 2022.
ORDER
This is an application for regular bail under Section 439 of
the Code of Criminal Procedure in connection with Crime No.122 of
2022 registered at Dadar police station for the offence punishable
under Sections 406, 420 of the Indian Penal Code.

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2.

BA 1577/22
It is the case of the complainant Smt. Shemkala
Hukumchand that, she is 80 years old. The accused/applicant is her
niece. Accused used to come to her house frequently. During Diwali
festival of the year 2016, accused came to her house. She told the
accused that she has gold ornaments with her, but as she has become
very old, hence, the accused should keep the gold ornaments with her
and later on, give it back to her. Accused allegedly consented and told
the complainant that her gold ornaments would be safe with her. In the
month of January, 2018, complainant made phone call to the accused
and demanded back her gold ornaments, but she asked for some time
for returning them back. Thereafter, the accused allegedly refused to
give back the said gold ornaments for one or the other reason. Accused
allegedly told the complainant that she has mortgaged the said gold
ornaments, but now, she is not having any money for redeeming the
mortgage. Thereafter, accused allegedly threatened to commit suicide,
if the complainant repeatedly called her for the said gold ornaments.
Complainant got scared and did not disclose the said incident to
anybody at that time. In the month of June, 2018, her son Ajay came to
her house, as she was not keeping well. At that time, she informed her
son about the gold ornaments given to the accused and her refusal to
give them back. Her son then made phone call to the accused and
demanded back the complainant’s gold ornaments, but accused
requested him for some time to return the ornaments back. Thereafter,
complainant’s daughter-in-law and the complainant also called the
accused for demanding back the gold ornaments and at that time, her
son had recorded the said call. According to the complainant, her gold
ornaments of 1 Kilogram gold having value of Rs.45 Lakhs
approximately were misappropriated by the accused. Thereafter, the
complainant gave a report to the police station on 05/03/2022.

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3.

BA 1577/22
The say of the Investigating Officer was called. He has
stated that, the statement of the applicant was recorded and she has
stated that the complainant had given gold to her for keeping it safe.
But, thereafter, she lost gold ornaments during her train journey from
Pune to Mumbai. She has not disclosed the location of the said
ornaments. There is possibility that she may threaten and pressurise the
complainant and witnesses, if she is released on bail. She has not
co-operated in the investigation. Hence, the application may be
rejected.
4.

Learned counsel for the applicant submitted that, the
applicant is innocent and has not committed any offence, as alleged.
The complainant is very old lady and she was pressurised and
misguided by her family members to lodge false report. Due to the false
accusations made against the applicant, her 17 years old son committed
suicide, as he could not bear a humiliation of his mother. Nothing was
recovered from the applicant. The report was lodged after delay of
more than four years and no explanation has been given by the
complainant for the said delay. Complaint has become time barred as
for the offence punishable under Section 406 of the Indian Penal Code,
maximum punishment prescribed is imprisonment upto three years.
The ingredients of Section 420 of the Indian Penal Code are not
attracted against the applicant. Applicant is ready to abide any
condition which may be imposed upon her, in the event of her
application being allowed. Hence, she may be released on regular bail.
5.

Learned A.P.P. vehemently opposed the application and
submitted that, one Kilogram gold ornaments misappropriated by the
applicant, are to be recovered and seized. The investigation is in
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BA 1577/22
progress. The applicant may not co-operate in the investigation. Hence,
the application may be rejected.
6.

I have perused the F.I.R. In the year 2016, this complainant
had allegedly asked the applicant to keep her gold ornaments safe with
her and return them back when she demands them. Hence, prima facie,
only the ingredients of Section 406 of the Indian Penal Code are
attracted and not the ingredients of Section 420 of the Indian Penal
Code are attracted against the applicant. The applicant allegedly
refused to give back the said gold ornaments in the month of January,
2018, but the report was given in the month of March, 2022. No
plausible explanation has been given by the complainant for the said
delay. Applicant is a lady and her son, who was 17 years old,
committed suicide due to the registration of the present F.I.R. against
his mother. Therefore, considering the facts of the case, the further
custody of the applicant would serve no purpose. The presumption of
innocence is available to her till the conclusion of her trial. Hence, I am
inclined to allow the present application and proceed to pass the
following order :ORDER
1.

Bail Application No.1577 of 2022 is hereby allowed.

2.
Applicant Mrs. Sarika Deepak Pardeshi in C.R. No.122 of
2022 registered with Dadar police station for the offence punishable
under Sections 406, 420 of the Indian Penal Code, shall be released on
bail on executing her P.R. bond of Rs.15,000/- with one surety in the
like amount, and on following conditions :(a)
She shall not tamper with the prosecution witnesses and
evidence ;
(b)
She shall furnish her detail address, mobile/contact
number, address proof and identity proof at the time of furnishing bail ;
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BA 1577/22
(c)
In case of change of her residence or mobile/contact
number, she shall inform it to the Court and Investigating Officer ;
(d)
She shall attend the Court regularly, if any charge-sheet is
filed against her ;
(e)
She shall co-operate in the investigation and appear before
the Investigating Officer as and when called by him by prior written
notice ;
(f)
She shall not give any threat or pressurise the complainant
and witnesses in any manner which may dissuade them from disclosing
any fact of the case to the police officer or to the Court.
3.
Bail shall be furnished before concerned Metropolitan
Magistrate.
4.

Bail Application is disposed off accordingly.
Digitally signed
by VISHAL
SADASHIVRAO
GAIKE
Date: 2022.07.19
17:34:25 +0530
Date : 12/07/2022.
Dictated on
Transcribed on
Signed on
: 12/07/2022.
: 18/07/2022.
:
( VISHAL SADASHIVRAO GAIKE )
ADDL. SESSIONS JUDGE,
CITY CIVIL & SESSIONS COURT,
GREATER MUMBAI.

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BA 1577/22
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
UPLOAD DATE AND TIME
19/07/2022 at 5.35 p.m.

NAME OF STENOGRAPHER
Bahushruta Y. Jambhale
Name of the Judge ( With Court H.H.J. Shri Vishal S. Gaike
Room No.)
(Court Room No.22)
Date
of
Pronouncement
JUDGMENT/ORDER
of 12/07/2022.

JUDGMENT/ORDER signed by
P.O. on
19/07/2022.

JUDGMENT/ORDER uploaded on
19/07/2022.