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IN THE COURT OF SESSIONS FOR GREATER MUMBAI AT MUMBAI
CRIMINAL BAIL APPLICATION NO.1698 OF 2022
CNR NO. MHCC020092642022
Mr. Sushil Ram Swaroop Sharma
Age: 35 years, Occ: Service,
R/at : 34, Jai Bhavani Vihar 1,
Govindpura Kalwar Road,
Sirsi Link Road, Jhotwara,
Jaipur, Rajasthan – 302012.
…Applicant/Accused
Vs.
The State of Maharashtra
(At the instance of North Region Cyber P. Stn.) …Respondent/State
Appearances :
Mr. Sachin Shirke, Ld. Advocate for the applicant/accused.
Ms. Ratnavali Patil, Ld. APP for the Respondent/State.
CORAM : H. H. THE ADDL. SESSIONS JUDGE,
SHRI A.A. KULKARNI (C.R. NO.24)
DATED : 29TH JULY, 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. APP for the State. Perused
documents on record.
2.
The Ld. Advocate for applicant submitted that applicant is
working as Agent for the Bank. During his work, he helped to open
account in the name of Prime Harbal Enterprises in IDFC Bank which
belongs to Pradeep Sharma. Except work of opening of account of
Pradeep Sharma, applicant has not done any act in commission of
alleged offence. It is further contended that no amount out of alleged
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offence is received by applicant. There are no specific allegations
against the applicant. Then also applicant is arrested by police in
connection with this crime on 30.05.2022. It is further contended that
there is no need of his custodial interrogation. Hence, prayed for grant
of bail.
3.
Ld. APP filed say Exh.2 and opposed the application on the
ground that present case is of Cyber crime. Applicant, Pradeep Sharma
and other persons have committed offence. It is on record that applicant
helped Pradeep Sharma for opening of the account with some Nigerian
persons. Applicant, Pradeep Sharma, Arvind Kushwah have transferred
amount of Rs.17,60,000/ from account of informant in the account of
Pradeep Sharma in the name of Prime Harble Enterprises. It is further
contended that offence is not limited to the extent of present informant
as from primary investigation it is reflected that applicant and Pradeep
Sharma were in connection with one William and KG. They have used
500 SIM cards and near about 100 handsets. Applicant is not resident of
jurisdiction of this Court. Therefore, if the applicant is released on bail
there is possibility of his absconding. Hence, prayed for rejection of the
application.
4.
In view of submissions from both the sides and on perusal
of FIR, say and other documents on record, it is not disputed by
applicant that he is having acquaintance with Pradeep Sharma in whose
account, amount of informant Rs.17,60,000/ has been transferred. It is
also not disputed that account in the name of Prime Harbal Enterprises
is opened with assistance of applicant. During hearing applicant’s
advocate admitted that applicant is not authorized agent of any Bank
for the purpose of opening of the bank account. In such circumstances,
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there is scope to believe that there is involvement of applicant in alleged
offence. Further on the basis of prima facie investigation, applicant,
Pradeep Sharma and other persons are involved in this case alongwith
Nigerian persons. Therefore, in my opinion, scope of investigation of
this case is not limited to the extent of fraud committed with
informant’s company. Applicant is not resident of jurisdiction of this
Court. He is resident of State of Rajasthan. Therefore, in such
circumstance, it is not safe to release applicant on bail in view of
securing his presence during trial. Therefore, in such circumstances, I
am of the opinion that applicant is not entitled to be released on bail.
Hence, I passed the following order :
ORDER
Criminal Bail Application No. 1698 of 2022 is rejected and disposed of
accordingly.
Date : 29.07.2022
Dictated on
: 29.07.2022
Transcribed on : 29.07.2022
HHJ signed on : 29.07.2022
[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
30.07.2022
Upload Time
4.30 p.m.
Name of Stenographer
PRAJWALA V. PHODKAR
Name of the Judge (With HHJ SHRI. A.A. KULKARNI (CR 24)
Court Room No.)
Date of Pronouncement
JUDGMENT /ORDER
of 29.07.2022
JUDGMENT /ORDER signed by 29.07.2022
P.O. on
JUDGMENT /ORDER uploaded 30.07.2022
on