CRI. BA 1574/2022
1
ORDER
MHCC020085232022
IN THE COURT OF SESSIONS FOR GREATER BOMBAY
AT MUMBAI
CRIMINAL BAIL APPLICATION NO. 1574 OF 2022
( CNR NO.:MHCC020085232022 )
Vignesh Sanjay Mahadik
Age : 23 years, Occ.: Service.
Address: Room No. 5, Farid Nagar,
Zaplibai Chawl, Pratap Nagar Road,
VTC, Bhandup (W), Mumbai 400 078.
V/s.
The State of Maharashtra,
(At the instance of Bhandup
Police Station vide C.R.No.361/2022)
…Applicant/Accused
…Respondent/State.
Appearance:
Advocate Noori Khan, for the applicant/Accused.
Smt. Seema Deshpande, Ld. Addl. P.P.,for the State/respondent.
CORAM : H.H. THE ADDL. SESSIONS JUDGE
ANAND PANDURANG KANADE (C.R.60)
DATE : 13.07.2022.
ORDER
1.
Vide present application under Section 439 of Code of
Criminal Procedure, the applicant requested to release him on bail in
Crime No. 361 of 2022 registered at Bhandup Police Station for offences
punishable under Section 380 of Indian Penal Code.
CRI. BA 1574/2022
2.
2
ORDER
In brief prosecution case is as under :
Vinita Vinod Sawant is resident of Nardas Nagar, Bhandup
(W). she runs grocery shop. It is the case of complainant that accused is
fish seller and he used to come to the house of complainant for selling
fish. Hence, complainant knows the applicant/accused. According to the
complainant, the accused used to visit her house frequently and he was
knowing that the complainant is keeping her gold ornaments in the
cupboard. On 01.12.2021, the complainant kept 3 golden earrings and
one golden chain in the cupboard. On 12.02.2022, there was birthday
party. Hence, complainant opened the cupboard and noticed that the 3
golden earrings and one golden chain are missing from the cupboard.
She enquired with her daughter Purva and she informed that few days
ago applicant/accused visited to her home and he opened the cupboard.
Complainant enquired with the accused but he replied evasively.
Complainant realized that accused has committed theft of her golden
ornaments. Hence, she has lodged the report with Bhandup Police. On
that basis, Crime No. 361 of 2022 has been registered against the
applicant/accused.
3.
During the course of investigation, I.O. arrested the
accused on 29.05.2022. Since 01.06.2022, applicant/accused is in
judicial custody. He has filed the present application to enlarge him on
bail. He raised the grounds that false case is filed against the accused.
There is delay of 3 months lodging report. There is no recovery at the
hands of applicant/accused. His further custody is not required. He is
ready to abide by the terms and conditions that may be imposed on
him. Hence, this bail application.
4.
The Ld. Addl. P.P. and I.O. have filed their say at Exh – 2
CRI. BA 1574/2022
3
ORDER
and resisted the bail application. It is submitted that if the
applicant/accused is enlarged on bail, there is possibility of repetition of
crime and absconding of accused. Hence, it is prayed to reject the bail
application.
5.
After going through the remand report dated 01.06.2022, it
reveals that the applicant/accused pledged golden ornaments with
goldsmith and golden earrings and one golden chain has been
recovered at the instance of applicant/accused. Since 01.06.2022,
applicant/accused is in judicial custody. His police custody period is
already over. The accused is arrested for the offence punishable u/s.
379 of Indian Penal Code which is triable by Metropolitan Magistrate.
In my view, further custody of applicant is not required. For the
foregoing reasons, I am of view that applicant/accused be entitled to be
released on bail but on certain conditions.
:ORDER:
1.
The Criminal Bail Application No. 1574 of 2022 is allowed as
under.
2.
The applicant accused namely Vignesh Sanjay Mahadik be
released on bail on executing personal bond of Rs. 20,000/ and one or
two solvent sureties of the same amount in Crime No. 361 of 2022
registered at Bhandup Police Station.
3.
Cash security of Rs. 20,000/ is permitted provisionally for the
period of 1 month in lieu of the surety bond.
4.
The accused shall attend the Bhandup Police Station on every
Tuesday in between 11.00 a.m. to 01.00 p.m. till filing of the
chargesheet.
5.
The accused shall submit a list of atleast 3 blood relatives with
their detailed residential addresses and also the addresses of their place
CRI. BA 1574/2022
4
ORDER
of work if any, and documentary proof of showing the correctness of the
details provided by them.
6.
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.
7.
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.
8.
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.
9.
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.
10.
The accused shall not leave territorial limits of Mumbai without
prior permission of the court.
11.
The accused shall not commit any offence similar to the offences
of which he is accused in the present matter.
12.
Conditions No. 5 to 8 shall be complied with simultaneous to the
furnishing of the cash security or the surety bond whichever is earlier.
13.
Bail before the Court of Metropolitan Magistrate.
Anand
Pandurang
Kanade
Digitally signed
by Anand
Pandurang
Kanade
Date:
2022.07.19
16:34:33
+0530
(Anand P. Kanade)
Addl. Sessions Judge
Sessions Court,
Mumbai. C.R. 60
CRI. BA 1574/2022
Dictated on
Transcribed on
Date of sign
: 13.07.2022
: 14.07.2022
: 19.07.2022
5
ORDER
CRI. BA 1574/2022
6
ORDER
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
19/07/2022
, 4.30 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,
Date of pronouncement of /Order
13.07.2022
Order signed by P.O. on
19.07.2022
Order uploaded on
19.07.2022