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B.A.343/24
MHCC020024542024
IN THE COURT OF SESSION FOR GREATER BOMBAY
CRIMINAL BAIL APPLICATION No.343 OF 2024
Vibhuti Sandesh Mhaske
Age : 45 years, Occ : Business,
Residing at R.No.1,
Kharpude Chawl, Kajuwadi,
Luiswadi, Near Shivsena Shakha,
Thane (W), Thane 400604.

… Applicant
– Versus The State of Maharashtra
(At the instance of DCB CID
Unit-3 Mumbai vide CR. No.62/2023
(Corresponding C.R.No.515/2023,
Agripada Police Station)
… Respondent
Appearance :Advocate Babu Singh for the applicant.
APP Iqbal Solkar for the respondent / State
CORAM : RAJESH A. SASNE
ADDITIONAL SESSIONS JUDGE,
COURT ROOM No. 30.
DATED : 23/02/2024
ORDER
This is bail application by the accused u/sec.439 of
Criminal Procedure Code for releasing her on bail in connection with
C.R.No.62/2023
registered
with
DCB
CID,
Unit-3,
Mumbai
(Corresponding C.R.No.515/2023, Agripada Police Station) for the
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commission of offences punishable u/sec.419, 420, 465, 467, 468, 471,
120(b) of the Indian Penal Code.
2.

It is alleged by the applicant / accused that she is innocent
and falsely implicated in the present case. The accused is arrested on
25.09.2023. She has undergone custodial interrogation. The applicant /
accused is having daughter and there is no one to take care except the
present applicant. She has no criminal antecedent. Therefore, there is
no point in keeping accused behind bars. She is permanent resident of
her given address therefore applicant / accused prayed for releasing her
on bail.
3.

The prosecution opposed the application by filing reply
vide Exh.2. It is the contention of the prosecution that if accused is
released on bail it will affect on the collection of evidence. If accused is
released on bail there are chances of flee away from justice. If accused
is released on bail there are chances of threatening of prosecution
witnesses and tampering of prosecution evidence. Hence, prosecution
prayed for rejection of the application.
4.

Read the application, say filed by the prosecution. Heard
the ld. Advocate for the applicant, ld. APP for the respondent / State.
5.

I have gone through the documents on record. It is the case
of the prosecution that the report has been lodged against the accused
that the accused induced the informant and witnesses to obtain credit
cards or to obtain the home loan and thereafter by forged documents,
misused the valuable documents of the informant and the witnesses and
thereby deceived them. The applicant / accused was arrested on
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B.A.343/24
25.09.2023. There is serious case of forgery of the valuable documents.
There is cheating with the informant and the witnesses for the purpose
of obtaining loan or credit card. There is fabrication of government
documents. These documents were produced before the bank for
obtaining loan. Mobile Sim cards were obtained in the name of the
customers. They were retained by the accused with them. The accused
were communicating with the banks with the use of such Sim cards. By
the use of credit cards of the customers, the accused have withdrawn
certain amount. Near about 300 credit cards were obtained.
6.

It is alleged that the informant Santosh Jadhav was duped
for Rs.4,49,986/-. During the investigation it was revealed that the
accused have cheated near about 20 persons. Said fraud is of
Rs.87,91,000/-. The accused is behind bars since more than three
months. Charge sheet is already filed. Investigation is completed. She is
facing trial for the offences punishable u/Sec.419,420,465,467,468,471
of the IPC. The role attributed to the present accused is that she
obtained three different PAN Cards with different name and with
different PAN Numbers. As aforesaid charge sheet is already filed. Trial
will take its own time to conclude. Till then the applicant can not be
kept behind bars. If reasonable conditions securing her presence are
imposed, she will be entitled for the bail. The accused Manju Gaikwad
is released on bail. Hence, on the ground of parity the accused is
entitled for the bail. In the result, I pass the following order :
ORDER
1.

Criminal Bail Application No.343 of 2024 is allowed.

2.

The Applicant / Accused Vibhuti Sandesh Mhaske, arrested in
C.R.No.62/23 (corresponding C.R.No.515/23, Agripada Police Station)
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under Section 419, 420, 465, 467, 468, 471, 120-B of the Indian Penal
Code, 1860 registered with DCB CID, Unit-3, Mumbai be released on
bail on furnishing P.B. and S.B. of Rs.25,000/- with one or two sureties.
3.

The applicant / accused shall not tamper with the prosecution
witnesses and evidence in any manner.
4.

The applicant / accused shall attend the concern police station on
1st and 4th Saturday of every month between 11.00 a.m. to 2.00 p.m. till
next three months.
5.

Provisional cash bail in the like amount is allowed. The accused
shall furnish surety within 4 weeks from the date of release from jail
failing which the cash bail shall stand forfeited without any separate
order to that effect.
6.

The applicant / accused shall not leave India without prior
permission of the Court.
7.

Bail before the concern Magistrate.

Date : 23/02/2024
Dictated on
Transcribe on
Signed by HHJ on
: 23.02.2024
: 28.02.2024
: 01.03.2024
( RAJESH A. SASNE)
Additional Sessions Judge,
Gr. Mumbai.

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B.A.343/24
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
ORDER.”
01/03/2024
5.08 p.m.

UPLOAD DATE
TIME
J.S. Chavan
NAME OF STENOGRAPHER
Name of the Judge (With Court H. H. Additional Sessions Judge Shri.
Room No.)
R.A. SASNE, Court Room No. 30.
Date of Pronouncement of ORDER 23/02/2024
ORDER signed by P.O. on
01/03/2024
ORDER uploaded on
01/03/2024