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MHCC020057292024
IN THE COURT OF SESSIONS FOR GREATER MUMBAI AT MUMBAI
CRIMINAL BAIL APPLICATION NO. 905 OF 2024
Mr. Vasant Sham Gulhane
Age : 52 years, Occ.: Business,
R/at : B/8, 1st floor, Van Vihar CHS,
Kopari Gav, Near Police Line,
Thane.

…Applicant/accused
Vs.
The State of Maharashtra
(Through Tilak Nagar
Police Station, Mumbai)
…Respondent
Appearance :Adv. Mr. Raj Jain, for the Applicant.
APP Mr. J. N. Suryawanshi for the Respondent/State.
CORAM : H. H. THE ADDL. SESSIONS JUDGE,
SHRI A.A. KULKARNI (C.R. NO.22)
DATED : 24th April, 2024
(ORAL ORDER)
(Dictated and pronounced in the open Court)
This is an application under Section 439 of Cr. P.C. 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 in connection with Crime No.750/2023
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for the offence punishable u/s 420, 447, 465, 467, 468 and 471 of IPC.
It is further contention that applicant has not committed any offence.
He is falsely implicated in this case by police. Applicant has not made
any representation before any Government Authority, nor any person.
Investigation of case is completed and charge sheet is filed against
applicant. He has not fabricated documents about land alleged involved
in this Case. He has not done any transaction in respect of property.
Applicant is arrested only on the basis that, his brother Rajan Gulhane
is accused. Applicant is permanent resident in Mumbai. Therefore, there
is no purpose for his detention as nothing is to be recovered at his
instance. Therefore, prayed for grant of bail.
2.

Ld. APP and investigating officer opposed application. It is
their contention that if, applicant is released on bail there is possibility
of tempering evidence of prosecution. From initial investigation it is
revealed that applicant has taken amount. It is contention that, amount
of Rs. 30 lakhs it is yet to be recovered. Documents are also yet to be
recovered. Another accused Pravin Bibhandik is arrested by police and
he has admitted that, he received amount of Rs. 75 lakhs. Therefore, till
further investigation with him applicant may not be released on bail.
Hence, prayed for rejection of application.
3.

In view of submissions from both sides and going through
the allegation in FIR and other documents on record it is clear that,
previous application filed by the applicant was rejected on the ground
that investigation was pending. Now investigation is completed and
charge-sheet is filed against applicant before Ld. Metropolitan
Magistrate. During investigation statements of witnesses are recorded.
Case is triable by magistrate. In such circumstances further detention of
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applicant is not required. In view of protecting interest of prosecution
by imposing conditions application may be released on bail. Hence I
pass following order:ORDER
1.

Criminal Bail Application No.905 of 2024 is allowed.

2.

Applicant/accused Mr. Vasant Sham Gulhane be released on bail
on his furnishing P.R. and S.B. Bond of Rs.25,000/- along with
one or more sureties in the like amount in connection with C.R.
No.750/23 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.905 of 2024 stands disposed off
accordingly.

Date : 24.04.2024
Directly dictated on : 24.04.2024
HHJ signed on
: 24.04.2024
Digitally
signed by
AJAY ANIL
KULKARNI
Date:
2024.04.24
17:26:32
+0530
(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.”
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