B.A.633/2024
..1..

MHCC020040962024
IN THE COURT OF SESSIONS FOR GREATER BOMBAY
AT BOMBAY
CRIMINAL BAIL APPLICATION NO.633 OF 2024
IN
C.R.NO.148 OF 2024
1. Sharad Dhondu Halde
Age : 33 years, Occ : Worker
R/at : Room no.2, B-Wing, Disha
Enclave, Chamunda Nagar,
Virar (E), Palghar
2. Dinesh Jaswant Bhalse
Age : 41 years, Occ : Worker
R/at : Room no.107, Reliable
Complex, Near Rajiv Gandhi
School, Nallasopara (W), Palghar
…Applicants
Vs.
The State of Maharashtra
(Through BKC Police Station)
CORAM:
…Respondent
HH THE ADDL.SESSIONS JUDGE
SHRI. V. M. SUNDALE
(Court Room No.27)
DATE : 12th March 2024
Shri R. B. Mungekar, learned advocate for applicants.
Shri V.C. Malankar, learned APP for State/Respondent
B.A.633/2024
..2..

ORDER
01.

The applicants viz., Mr. Sahil Suraj Pawar and Dinesh
Jaswant Bhalse have filed this application under Section 439 of the
Code of Criminal Procedure for granting bail in connection with Crime
No.148/2024 registered with BKC Police Station, Mumbai for the
offences punishable under Sections 409 and 420 r/w. 34 of the Indian
Penal Code, on the allegations that the applicants and co-accused
committed criminal breach of trust, cheated the informant and
misappropriated diamonds worth Rs.8,08,02,987/-.
02.

The investigating officer through learned A.P.P. filed reply
(Exh.02) and opposed the application. It is contended that the offence is
serious and investigation is at primary stage. It is further contended that
in the course of investigation it is transpired that the applicants are
involved in the present crime. The misappropriated diamonds are yet to
be recovered. It is also transpired that the applicants and co-accused
cheated to other jewellers in the same manner. According to the
investigating officer in such circumstances, if the applicants released on
bail there is possibility of committing similar offence, pressurizing the
prosecution witnesses and fleeing away from the justice. Hence, the
investigating officer prayed to reject the application.
03.

Heard Shri R. B. Mungekar, learned advocate for applicants
and Shri V. C. Malankar, learned APP learned APP for the prosecution.
04.

I have carefully gone through record with reference to
submission of both the sides. The name of the applicants is not
mentioned in the First Information Report. It appears that the
applicants are involved in the present crime on the statement of co-
B.A.633/2024
accused.

The
..3..

investigating
officer
arrested
the
applicants
on
19/02/2024 and produced before the Metropolitan Magistrate. The
applicants were remanded to police custody but nothing could be
recovered from their possession. It is further seen that the investigating
officer also searched residence and lockers of the applicants but nothing
could be recovered. The investigating officer opposed the application
mainly on the ground that there is possibility of pressurizing the
prosecution witnesses and committing similar offence. The learned
Metropolitan Magistrate rejected the bail application filed by the
applicants on the same ground. However, the applicants are behind bar
from last more than 25 days. The offences levelled against the
applicants are not punishable with death. The presence of the applicants
is not necessary for any purpose. Nothing is placed on record about past
criminal antecedent of the applicants. The applicants are local residents
and they are ready to co-operate with the investigating agency. In such
circumstances it will not be proper to keep the applicants behind bar for
indefinite period. The apprehension placed on record by the
investigating officer can be taken care of by imposing certain
conditions. In the facts and circumstances of the case, the applicants are
entitled to release on bail. Hence, the following order is passed.
ORDER
1.

Criminal Bail Application No.633 of 2024 is allowed.

2.

The applicant no.1 Sharad Dhondu Halde and applicant no.2
Dinesh Jaswant Bhalse be released on bail in Crime no.148/2024
registered in BKC Police Station for the offences under Section
409 and 420 r/w. 34 of the Indian Penal Code on their executing
P.R.Bond of Rs.30,000/- (Rupees Thirty Thousand) each with one
or two sureties of the like amount.

B.A.633/2024
3.

..4..

The applicants and their sureties shall provide their respective
mobile numbers, e-mail address and documents pertaining to
place of residence.

4.

The applicants shall not directly or indirectly make any
inducement, threat or pressurize any person acquainted with the
facts of the present case so as to dissuade him from disclosing
such facts to the Court.

5.

The applicants shall not leave India without prior permission of
the Court.

6.

The applicants are directed to attend the BKC police station once
in a week i.e. on every Monday between 11.00 a.m. to 1.00 p.m.
till filing of charge-sheet and co-operate the investigating agency.

7.

Provisional cash bail in the like amount is allowed. The applicants
shall furnish surety within four weeks from the date of release
from jail, failing which the cash bail shall stand forfeited without
any separate order.

8.

Breach of any conditions by the applicants shall result in
cancellation of bail.

9.

Bail before learned Metropolitan Magistrate Court.

10.

Thus, Criminal Bail Application No.633 of 2024 stands disposed
of.

12/03/2024
Dictated on
: 12/03/2024
Transcribed on : 15/03/2024
Signed on
: 16/03/2024
(V. M. Sundale)
Addl. Sessions Judge,
City Civil & Sessions Court,
Gr. Mumbai
B.A.633/2024
..5..

“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE
ORIGINAL SIGNED JUDGMENT/ORDER.”
Upload Date
Upload Time
18/03/2024
11.00 a.m.

Name of Stenographer
Mrs. M.S. Putta
Name of the Judge (With C.R. No.)
Date
of
Pronouncement
JUDGEMENT /ORDER
HHJ Shri V.M.Sundale (C.R.No. 27)
of
12/03/2024
JUDGEMENT /ORDER signed by P.O.
on
16/03/2024
JUDGEMENT /ORDER uploaded on
18/03/2024