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IN THE COURT OF SESSIONS FOR GREATER MUMBAI AT MUMBAI
CRIMINAL BAIL APPLICATION NO.1962 OF 2022
CNR NO. MHCC02-010843-2022
Subojit Bijaykumar Bagh
Age:36 years, Occ:Musci Instrument Maker,
Indian Inhabitant residing at
Pulsita Gaon,
West Medanipur, West Bengal.

…Applicant/Accused
Vs.
The State of Maharashtra
(At the instance of DCB CID Unit 6,
vide CR NO.42 of 2022 Transferred
from Dindoshi Police Station
vide C.R.No.742 of 2021, then
Transferred to .

…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.742 of 2022 registered
by Dindoshi police station and later on arrested by DCB CID Unit-VI
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having Crime No.42/22 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.
4.

There are allegations of misappropriation of gold against
accused No.1 and further there are allegations that accused No.1 gave
misappropriated gold to present applicant. During house search of
applicant only 8.900 grams of gold has been seized along with other
property.
5.

On perusal of chargesheet it is clear that only gold of 6.890
grams seized at the instance of applicant. For the purpose of offence
u/s. 408 of IPC prosecution has to bring on record prima facie that
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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 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. 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. 1962 of 2022 is allowed.

2.

Applicant/accused Subojit Bijaykumar Bagh be released on bail
on furnishing P.R. Bond of Rs.25,000/- along with one or two
sureties of like amount cash security of Rs.25000/- in connection
with C.R. No.42/2022 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.1962 of 2022 stands disposed of
accordingly.

Date : 30.08.2022
Dictated on
: 30.08.2022
Transcribed 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
13.09.2022
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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 13.09.2022
on