B.A.245/2024
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MHCC020017312024
IN THE COURT OF SESSIONS FOR GREATER BOMBAY
AT BOMBAY
CRIMINAL BAIL APPLICATION NO.245 OF 2024
IN
C.R.NO.739 OF 2023
1. Vasant Jivram Majethia
Age 62 years, Occ – Doctor
Room no.7, 2nd floor, Neelkanth
Ashish Bhakti Marg, Mulund (W),
Mumbai – 80
2. Vikram Lakhani
Aged 72 years, Occ – Consultant
4, Neelkanth, Ashish Bhakti Marg,
Mulund (W), Mumbai – 80
…Applicants
Vs.
State of Maharashtra
(Through API, Mulund
Police Station,C.R.No.739/2023)
CORAM:
…Respondent
HH THE ADDL.SESSIONS JUDGE
SHRI. V. M. SUNDALE
(Court Room No.27)
DATE : 07th February 2024
Shri Vishnu Patil, learned advocate for applicants.
Ms. Ratnavali Patil, learned APP for State/Respondent
B.A.245/2024
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ORDER
01.

The applicants namely Vasant Jivram Majethia and Vikram
Lakhani have filed this application under Section 439 of the Code of
Criminal Procedure for bail in connection with Crime No.739/2023
registered in Nirmal Nagar Police Station, Mumbai for the offence under
Section 409 and 420 r/w. 34 of the Indian Penal Code, on the
allegations
that
the
applicants
and
co-accused
cheated
and
misappropriated the funds of the Trust namely Shri Karachi Kachhi
Lohana Narayan Sarvovariya and Lakhpati Mahajan Trust.

02.

The investigating officer through learned APP filed reply
(Exh.02) and strongly opposed the application. It is contended that the
applicants had filed pre-arrest bail which is came to be rejected by this
Court as per order dated 22/01/2023. In the course of investigation it is
transpired that the applicants and co-accused forcibly took possession of
the Trust and opened three bank accounts. They have also rented
premises of the Trust at marginal price. The co-accused Rahul Majethia
yet to be arrested. According to the investigating officer in such
circumstances, if the applicants released on bail there is possibility of
pressurizing prosecution witnesses, hampering the investigation and
fleeing away from justice. Hence, the investigating officer prayed to
reject the application.
03.

Heard Shri Vishnu Patil, learned advocate for applicant and
Ms. Ratnavali Patil, learned APP for the prosecution.
04.

I have carefully gone through record with reference to
submission of both the sides. It appears that the investigating officer
B.A.245/2024
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arrested the applicants on 16/01/2024 and produced before the
Metropolitan Magistrate, 27th Court, Mulund, Mumbai. The learned
Metropolitan Magistrate remanded the applicants to police custody till
21/01/2024 and thereafter taken into judicial custody. The applicants
are Senior citizens and they are in jail right from the date of arrest. The
presence of the applicants is not necessary for any recovery or discovery.
The application filed by the applicants before the learned Metropolitan
Magistrate came to be rejected mainly on the ground that the offence is
serious and huge amount of Rs.1,40,00,000/- involved. However, in the
course of police custody nothing could be recovered from the
applicants. The applicants are local residents and ready to co-operate
the investigation. Nothing has been placed on record about past
criminal antecedents of the applicants. There are no extra ordinary
circumstances to keep the applicants behind bar and complete
remaining part of investigation. 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 be released on bail. Hence, the following order is passed.
ORDER
1.

Criminal Bail Application No.245 of 2024 is allowed.

2.

The applicant no.1 Vasant Jivram Majethia and applicant no.2
Vikram Lakhani be released on bail in Crime no.739/2023
registered in Mulund 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.50,000/- (Rupees Fifty Thousand) each with one
or two sureties of the like amount.

3.

The applicant no.1 and 2 and their sureties shall provide their
respective mobile numbers, e-mail address and documents
pertaining to place of residence.

B.A.245/2024
4.

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The applicant no.1 and 2 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 applicant no.1 and 2 shall not leave India without prior
permission of the Court.

6.

The applicant no.1 and 2 are directed to attend the Mulund
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 applicant
no.1 and 2 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 applicant no.1 and 2 shall result
in cancellation of bail.

9.

Bail before learned Metropolitan Magistrate Court.

10.

Thus, Criminal Bail Application No.245 of 2024 stands disposed
of.

07/02/2024
Dictated on
: 07/02/2024
Transcribed on : 07/02/2024
Signed on
: 07/02/2024
(V. M. Sundale)
Addl. Sessions Judge,
City Civil & Sessions Court,
Gr. Mumbai
B.A.245/2024
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CERTIFIED TO BE TRUE AND CORRECT COPY OF THE
ORIGINAL SIGNED JUDGMENT/ORDER.”
Upload Date
Upload Time
07/02/2024
5.45 p.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
07/02/2024
JUDGEMENT /ORDER signed by P.O.
on
07/02/2024
JUDGEMENT /ORDER uploaded on
07/02/2024