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MHCC020007572024
IN THE COURT OF SESSIONS FOR GREATER MUMBAI AT MUMBAI
CRIMINAL BAIL APPLICATION NO. 112 OF 2024
Shri. Sunil Deepchand Gupta
Age : 45 years, Occ.: Business
R/at : Room No. 63, Ganesh
Darshan Society, LBS Road,
Near Archana Hotel, Mulund (W),
Mumbai 80.

…Applicant/accused
Vs.
The State of Maharashtra
(Through Tilak Nagar Police Station,
Mumbai)
…Respondent
Appearance :Mr. S. D. Mishra, Ld. Advocate for the Applicant.
Mr. J. N. Surywanshi, Ld. APP for the Respondent/State.
CORAM : H. H. THE ADDL. SESSIONS JUDGE,
SHRI A.A. KULKARNI (C.R. NO.22)
DATED : 16th January, 2024
(ORAL ORDER)
(Dictated and pronounced in the open Court)
This is an application under Section 439 of Cr. P.C. for bail.
Heard Ld. Advocate for applicant and Ld. APP for the State. Perused the
application, say and documents on record.
2.

The Ld. Advocate for applicant submitted that applicant is
arrested by Tilak Nagar police station in connection with Crime
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No.696/2023 for the offence punishable under Sections 420, 406 r/w
34 of IPC. It is further contention that accused has been in jail for more
than 60 days. Investigation of case is completed and charge-sheet is
filed against applicant and other accused. Applicant is permanent
resident of Mumbai. It is also contended that applicant has not
committed any offence he has paid amount of Rs. 18,35,000/- to
accused Puneet Thakkar who is agent for the purpose of paying amount
to informant. It is further contention that there is no direct business
connection between applicant and informant. For the purpose of further
investigation detention of applicant is not required. Hence, prayed for
grant of bail.
3.

Ld. APP and investigating officer opposed application. It is
their contention that amount towards 16 import/ export licenses of
Rs.23,40,218/- is transaction by informant to applicant which is not
seized during investigation of case. If, applicant is released on bail there
is possibility of his absconding. Hence, prayed for rejection of
application.
4.

In view of submissions from both sides and on perusal of
the allegations in FIR as well as copy of charge-sheet, as per the case of
informant initially talks between informant and Puneet Thakkar. As per
the directions given by him paid amount of Rs.23,40,218/- to Swarna
Sunil Global Export Pvt. Ltd. and thereafter it was not received by
informant. It is on record that investigation of case is completed. As per
the contention of applicant he received amount and he repaid it accused
Puneet Thakkar and accused Puneet has not paid it to informant. In
such circumstance, as investigation of case is completed and chargesheet is filed. Therefore, further detention of applicant is not required
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for any purpose. Hence, by imposing conditions applicant may be
released on bail. Therefore, I pass following order :ORDER
1.

Criminal Bail Application No.112 of 2024 is allowed.

2.

Applicant/accused Sunil Deepchand Gupta be released on bail on
his furnishing P.R. and S.B. Bond of Rs.50,000/- along with one or
more sureties in the like amount in connection with C.R.
No.696/2023 registered with Tilak Nagar police station.

3.

Applicant/accused shall furnish his residential address proof
and contact numbers to Investigating Officer.

4.

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
to the Court or to any Police Officer.

5.

Applicant/accused shall not leave India without previous
permission of the Court.

6.

Bail before learned Court below.

7.

Criminal Bail Application No.112 of 2024 stands disposed off
accordingly.

Date : 16.01.2024
Dictated on
Transcribed on
HHJ signed on
: 16.01.2024
: 16.01.2024
: 16.01.2024
(A. A. Kulkarni)
Additional Sessions Judge,
Sessions Court,
Gr. Bombay (C.R.No.22)
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
Upload Date
16.01.2024
Upload Time
Name of Stenographer
5.30 p.m.

Mrs. Manasi Kadam
Name of the Judge (With Court HHJ SHRI. A.A. KULKARNI (CR 22)
Room No.)
Date of Pronouncement
JUDGMENT /ORDER
of
16.01.2024
JUDGMENT /ORDER signed by
P.O. on
16.01.2024
JUDGMENT /ORDER uploaded
on
16.01.2024