CRI. BA 1387/2022
ORDER
1
MHCC020075932022
IN THE COURT OF SESSIONS FOR GREATER BOMBAY
AT MUMBAI
CRIMINAL BAIL APPLICATION NO. 1387 OF 2022
( CNR NO.: MHCC020075932022 )
Vignesh Ramchandra Nair
Age: 36 years, Occ.: Business.
Add.: Chirekan Wadi,
Taluka Kankavli,
Dist. Sindhudurg.
V/s.
The State of Maharashtra,
(At the instance of Pant Nagar
Police Station vide C.R.No.17/2021)
…Applicant/Accused
…Respondent/State.
Appearance:
Mr. Vaibhav Jagtap, Advocate for the applicant/Accused.
Mrs. Seema Deshpande, Ld. Addl. P.P., for the State/respondent.
CORAM : H.H. THE ADDL. SESSIONS JUDGE
ANAND PANDURANG KANADE (C.R.60)
DATE : 22.11.2022.
ORDER
1.
Vide present application under Section 439 of Code of
Criminal Procedure, the applicant requested to release him on regular
bail in Crime No. 17 of 2021 registered at Pant Nagar Police Station for
offences punishable under Sections 420, 406, 34 of Indian Penal Code.
CRI. BA 1387/2022
2.
ORDER
2
Complainant Ulka Malhari Gavhane is resident of 202,
Navkalpataru CoOperative Housing Society, Mith Bunder Road, Thane.
In the year 2014, the complainant was interested in buying the flat for
investment. Chandrakala Chapate, friend of the complainant introduced
the applicant to the complainant. The applicant showed the
complainant flat at Airoli and the total consideration of flat was fixed
for Rs. 35 lakhs. Thereafter, the complainant from time to time gave Rs.
10 lakhs to the applicant as a token/advance amount. Thereafter, the
applicant had issued allotment letter and receipts in respect of amount
received by him. Thereafter, the complainant repeatedly enquired,
when she will receive the possession of the said flat. The applicant used
to give one or other excuse. Thereafter, the applicant/accused conveyed
to the complainant that the flat at Airoli towards which the booking was
made was given to someone else and the applicant/accused assured the
complainant to give better flat at Sector – 11, Mahavir Residency, 7 th
floor, Flat No. 702. Thereafter, the complainant repeatedly enquired
with
the
applicant/accused
for
possession
of
flat
but
the
applicant/accused neither gave possession of flat to the complainant nor
refunded the earnest amount. Thereafter, the complainant came to
know that the applicant/accused was arrested in another crime. In the
year 2016, the applicant/accused called the complainant and assured to
give her money back or give her a flat but he avoided the same.
Thereafter, the complainant came to know that the applicant/accused
also duped other
people. The complainant realized that
the
applicant/accused cheated her. Hence, she lodged report against the
applicant/accused with Pant Nagar Police Station.
3.
Crime No. 17 of 2021 was registered against the
applicant/accused. During the course of investigation, I.O. arrested the
CRI. BA 1387/2022
ORDER
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applicant/accused and after completion of investigation, chargesheet
came to be filed against the applicant. The applicant has filed the
present application to enlarge him on bail. He raised grounds that he
has been falsely implicated in the present case. There is no recovery or
discovery at the hands of applicant. The applicant is a businessman by
profession. There is delay of 6 years in lodging the report. Chargesheet
has been filed. Hence, no purpose shall be served by keeping the
applicant/accused in custody. The evidence is documentary in nature
and police seized those documents. He is ready to abide by the terms
and conditions that may be imposed on him. Hence, this application.
4.
Ld. Addl. P.P. and I.O. filed their say at Exh – 2 and resisted
the bail application. It is submitted that other accused are absconding. If
the applicant/accused is enlarged on bail, there is possibility of
repetition of crime and pressurizing the prosecution witnesses. Other 3
criminal cases are pending against the applicant/accused. The
applicant/accused has also cheated other persons under the pretext to
give them flats. Hence, it is prayed to reject the bail application.
5.
Heard both sides. Perused papers on record. From the
report of I.O., it reveals that during the course of investigation, he
seized amount of Rs. 13,40,000/. Police custody period of the
applicant/accused is already over. Chargesheet has been filed against
the applicant/accused. Since 22.02.2022, the applicant is in judicial
custody.
No
propriety
to
continue
the
detention
of
the
applicant/accused. The matter of 2022, it is not likely that trial may
commence in the immediate future. The applicant/accused is
permanent resident of Chirekan Wadi, Taluka Kankavli, District –
Sindhudurg. He is ready to abide by the terms and conditions that may
CRI. BA 1387/2022
4
ORDER
be imposed on him. Three other crimes pending against the
applicant/accused is not just ground to refuse the bail. For the aforesaid
reasons, I am of view that the application deserves to be allowed but on
certain conditions. Hence, following order.
:ORDER:
1.
The Criminal Bail Application No. 1387 of 2022 is allowed as
under.
2.
The applicant accused namely Vignesh Ramchandra Nair be
released on bail on executing personal bond of Rs. 1,00,000/ and one
or two solvent sureties of the same amount in Crime No. 17 of 2021
registered at Pant Nagar Police Station.
3.
Cash security of Rs. 1,00,000/ is permitted provisionally for the
period of 1 month in lieu of the surety bond.
4.
The accused shall submit a list of atleast 3 blood relatives with
their detailed residential addresses and also the addresses of their place
of work if any, and documentary proof of showing the correctness of the
details provided by them.
5.
The accused and the surety shall inform the police authorities as
well as the trial court, the change of their residential address while the
accused is on bail.
6.
The accused shall submit copies of at least 2 documents amongst
the Pan Card, Adhar card, Ration card, Electricity Bill, Voter ID card
issued by the election commission or the documents in respect of
immovable properties owned by him.
7.
After submission of the documents as mentioned above, the
Investigating Officer shall conduct physical verification of the residential
address so as to confirm the address appearing on those documents.
CRI. BA 1387/2022
8.
ORDER
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The accused shall not make any inducement or threat 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 or tamper with
the evidence.
9.
The accused shall not leave territorial limits of Mumbai without
prior permission of the court.
10.
The accused shall not commit any offence similar to the offences
of which he is accused in the present matter.
11.
Conditions No. 4 to 8 shall be complied with simultaneous to the
furnishing of the cash security or the surety bond whichever is earlier.
12.
Bail before the Court of Metropolitan Magistrate.
Anand
Pandurang
Kanade
Digitally signed
by Anand
Pandurang
Kanade
Date:
2022.11.23
15:15:16 +0530
(Anand P. Kanade)
Addl. Sessions Judge
Sessions Court,
Mumbai. C.R. 60
Dictated on
Transcribed on
Date of sign
: 22.11.2022
: 22.11.2022
: 23.11.2022
CRI. BA 1387/2022
ORDER
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
23/11/2022, 3.15 p.m.
UPLOAD DATE AND TIME
Mr. Prasad S. Pednekar
NAME OF STENOGRAPHER
Name of the Judge (with Court
Room No.)
HHJ Anand P. Kanade,(C.R.No.60)
Addl. Sessions Judge.,City Civil &
Sessions Court, Mumbai.
Date of pronouncement of /Order
22.11.2022
Order signed by P.O. on
23.11.2022
Order uploaded on
23.11.2022