1
Cri BA No.433-2024
MHCC020029042024
IN THE COURT OF SESSION FOR GREATER BOMBAY
CRIMINAL BAIL APPLICATION NO.433 OF 2024
Tushar Vasudev Parab,
Age: 43 Years, Occ: Business.

]
] …Applicant.

Versus
The State of Maharashtra
]
(At the instance of Dadar Police Station Vide FIR ]
No.405 of 2023)
] …Respondent.
Advocate Madhuri Gamare for applicant.
APP Pankaj Chavan for the State.
CORAM :
SHRI. S.B. PAWAR,
THE ADDL. SESSIONS JUDGE (C.R. No.58)
DATE
:
08th APRIL, 2024.
ORDER
The applicant is arrested in connection with FIR No.405 of
2023 registered with Dadar Police Station for offence under sections
408, 420, 465, 467, 468, 471 of the Indian Penal Code and sections
43(a)(f) and 66 of the Information Technology Act and seeks regular
bail under section 439 of the Code of Criminal Procedure, 1973.
2.

Read application and reply filed by prosecution at Exh.2.

Heard learned Advocate for the applicant, learned APP and learned
Advocate for the original complainant i.e. intervenor. Perused the copy
of charge-sheet annexed with the application.

2
3.

Cri BA No.433-2024
The case of the prosecution in brief is that the principal
accused Rutuza Parab who is wife of the applicant, misappropriated
aggregate sum of Rs.1,45,00,000/- belonging to the first informant Smt.
Samira Rathod. It is alleged that the first informant owns the business
of interior designs and the principal accused Rutuza Parab was
employed with her as Accountant /Secretary. During the period from
2021 to 2023 she transferred aggregate amount of Rs.1,45,00,000/- in
her bank account from the bank account of first informant by preparing
forged bank statement and furnishing said fabricated statements to the
Chartered Accountant of the first informant. It is further alleged that
she transferred further amount in the bank account of the applicant and
thus, applicant is arraigned as a accused alongwith her. The applicant is
in custody since 25.10.2023.
4.

It is the case of prosecution that out of the misappropriated
money, accused No.1 purchased sound system for Rs.45,00,000/- in the
name of applicant No.2 and it is recovered by police from the premises
taken on rent by applicant No.2. Learned Advocate for the applicant
produced on record consent terms Exh.4 entered into between the first
informant and the applicant. The consent terms disclose that applicant
has given no objection to the first informant for receiving the said
speakers (sound system), for disposal of it as per her will and to keep its
proceeds with her. First informant in turn has given no objection for
admitting the applicant to bail.
5.

The FIR as well as the the charge-sheet discloses that the
principal accused Rutuza Parab, has played lead role in the alleged
offence of misappropriation, cheating and forgery of documents.
Though being husband, specifically in the light of fact that considerable
3
Cri BA No.433-2024
amount was transferred in his bank account, it can not be accepted that
the applicant was not aware of the acts of the principal accused, the
investigation is complete and charge-sheet is submitted. In the light of
the consent terms Exh.4 there remains no substance in the
apprehension of tampering with the evidence or threatening the first
informant. The applicant fleeing from justice is a remote possibility. In
my opinion, the further detention of the applicant is unnecessary and he
can be released on appropriate terms and conditions. Thus, I pass the
following order:
ORDER
1.

Criminal Bail Application No.433 of 2024 is allowed.

2.

The applicant Tushar Vasudev Parab, who is accused in FIR
No.405 of 2023 registered with Dadar Police Station for offence under
sections 408, 420, 465, 467, 468, 471 of the Indian Penal Code and
sections 43(a)(f) and 66 of the Information Technology Act, be released
on his executing PR Bond of Rs.50,000 /- (Rupees Fifty Thousand Only)
and on furnishing one or two sureties in the like sum on following
conditions:(a)
The applicant 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.
(b)
The applicant shall not tamper with evidence of the
prosecution.
(c)
The applicant shall not commit similar offence while
on bail.
(d)
The applicant shall not try to contact the informant
personally or through anybody till conclusion of trial.

4
(e)
Cri BA No.433-2024
The applicant shall submit documents regarding his
permanent address and contact details to the concerned
police station and the Court, within seven days of his release
and if in future, there is any change in his address or contact
details, intimate the same to the concerned police station.
(f)
3.

The applicant shall attend the trial regularly.

Breach of any of the above conditions shall entail the cancellation
of the bail.
4.

Bail before learned trial Court.

5.

Criminal Bail Application No.433 of 2024 is disposed off
accordingly.

Date : 08/04/2024
Order Dictated on: 08/04/2024
Transcribed on : 08/04/2024
Checked on
: 10/04/2024
Signed on
: 10/04/2024
(S.B. PAWAR)
Additional Sessions Judge
City Civil & Sessions Court,
Gr. Bombay
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
Upload Date
10.04.2024
Upload Time
1.23 p.m.

Name of Stenographer
ARUN ANNAMALAI MUDALIYAR
Name of the Judge (With Court SHRI. S.B. PAWAR (CR 58)
Room No.)
THE ADDL. SESSIONS JUDGE
Date
of
Pronouncement
JUDGEMENT /ORDER
of 08.04.2024
JUDGEMENT /ORDER signed by 10.04.2024
P.O. on
JUDGEMENT /ORDER uploaded 10.04.2024
on