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Cri. BA No.529/2024
MHCC020034692024
IN THE COURT OF CITY CIVIL AND SESSIONS AT GRATER BOMBAY
COURT ROOM NO.23
(Presided over by Shri N. P. Tribhuwan, Additional Sessions Judge)
CRIMINAL BAIL APPLICATION NO.529 OF 2024
Mr. Vijay Danji Koli
Age : 37 years, Occ : Exh-N.C.P. Worker
R/o : D.M.B. Room No.87, Approach Road,
Near Post Office, Mumbai, Tulsiwadi,
Mumbai-400 034
… Applicant
VERSUS
The State of Maharashtra
(Through Gamdevi Police Station)
…Respondent
Mr. S. M. Khan, learned Advocate for Applicant.
Mrs. Ranjana Budhwant, learned APP for the State.
ORDER
(Delivered on 01/03/2024)
This is an application under Section 439 of Cr.P.C. for
releasing applicant Vijay Danji Koli on bail in Crime No.386/2022
registered with Gamdevi Police Station, Mumbai, for offence punishable
u/Sec. 406, 420, 465, 471 of Indian Penal Code.
2.

Heard learned Counsel for applicant and learned APP for
the State. Perused Bail Application, say/reply, charge-sheet and
documents.

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3.

Cri. BA No.529/2024
It is case of prosecution that informant Smt. Jethi Ramji
Chavan has lodged report/complaint in Gamdevi Police Station on
30.08.2022. She alongwith her family members residing in Room
No.1203/B/06, Bldg. Mangalshruti Navnirman, Co-Op. Housing Society,
Approach Road, near Mahalaxmi Race Course, Tulsiwadi, Mumbai. The
said room allotted to them under the scheme of SRA. Informant and her
husband knew Vinod Govind Bariya. She told him that she is intending
to sell the said room for the purpose of purchasing new room. At that
time, Vinod Bariya told to the informant that he is knowing to owner of
room which is in B/04 building of the same society. Accordingly, Vinod
Bariya has introduced the informant with the said room owner Vijay
Danaji Koli at his Stationary Shop at Nana Chowk, Gamdevi, Mumbai.
4.

In April, 2021 Vijay Danaji Koli/applicant told that room in
the building No.B/04 is for sell for consideration of Rs.37 lakh.
Informant has sold her own room for consideration of Rs.47 lakh. On
01.04.2021, complainant has given Rs.2 lakh to applicant Vijay towards
the earnest amount. At that time, applicant Vijay Koli told to the
informant that remaining consideration of Rs.35 lakh has to be paid
within 45 days and to that effect the agreement was prepared on stamp
paper. Thereafter, on 09.04.2021, informant has paid cash of Rs.8 lakh
and given three cheques of Rs.5 lakh each. On 05.05.2021, cash of Rs.2
lakh paid to the applicant Vijay Koli at the house of Vinod Bariya. On
the same day, cash of Rs.10 lakh given to Vijay Koli/applicant at the
house of Vinod Bariya. On 07.05.2021, sum of Rs.5 lakhs given to
applicant Vijay through cheque. On 27.05.2021, applicant Vijay Koli
came at the house of informant and taken cash of Rs.10 lakhs from the
informant. To that effect applicant Vijay Koli has executed agreement on
stamp paper of Rs.100/-. In this way, applicant has taken total sum of
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Cri. BA No.529/2024
Rs.37 lakh from the informant. However, thereafter, applicant Vijay Koli
has not made contact with the informant. Informant went to his house
and at that time, she came to know that applicant Vijay Koli was resided
in the rented room and he was not owner of the same room. Thus,
informant realized that applicant Vijay Koli without having right to sell
the said room, has executed false agreement and cheated and deceived
the informant by taking Rs.37 lakh.
5.

Learned counsel of applicant submitted that applicant has
filed application for anticipatory bail bearing ABA No.2698/2023.
However, this Court has rejected the same on 22.12.2023. Thereafter,
accused has approached to the concerned Police Station. But the Police
Authority has not arrested him. Hence, accused surrendered before
Learned Metropolitan Magistrate on 21.02.2024. The Learned Trial
court has granted police custody of accused till 23.02.2024. Now
accused is in judicial custody.
6.

He further argued that it is a transaction of exchange of
room. Applicant/accused has received only 5 lakh from the informant.
After 15 months of the alleged incident, informant has lodged FIR.
Applicant has no concerned with Vinod Bariya. All money might have
been taken by Vinod Bariya from the informant. Therefore, applicant
Vijay Koli is not liable and responsible for the same. As the applicant
Vijay has not entered into agreement with informant, there is breach of
promise. All documents are in possession of informant. In such
circumstances, custody of applicant Vijay Koli is not required.
7.

Learned APP argued that applicant was absconded and
therefore, the proclamation is issued against him u/Sec. 82 of Cr.P.C.

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Cri. BA No.529/2024
Prosecution has filed charge-sheet by showing him absconded
u/Sec.299 of Cr.P.C. As per the entry in the bank account of applicant
Vijay, the sum of Rs.5 lakh came to be deposited on 07.05.2021 from
the account of husband of informant. Now the investigation is
completed and prosecution has filed charge-sheet. The police has
sought custody of accused from 21.02.2024 to 23.02.2024 for custodial
interrogation. Thus, it seems that further custody of accused is required.
It seems that there is no criminal antecedent of accused. Taking into
consideration the facts of the case, nature of allegations and offences, it
is desirable to release accused/applicant on bail on following
conditions. Hence, I pass following order.
ORDER
1. Criminal Bail Application No.529 of 2024 is allowed as under.
2. Applicant/accused Vijay Danji Koli is released on bail in Crime
No.386/2022 registered with Gamdevi Police Station, Mumbai,
for offence punishable u/Sec. 406, 420, 465, 471 of Indian Penal
Code; subject to conditions :
i) Applicant shall execute a Personal Bond for an amount of
Rs.50,000/- with one or more sureties in the like amount.
ii) Applicant shall not tamper with any of the prosecution
witnesses, directly or indirectly.
iii) Applicant shall not misuse his liberty.
iv) Applicant shall furnish his detail address and mobile number
to the investigation officer and the concerned court. In case
applicant change his residence/address and mobile number, he
shall furnish the same to the I.O and concerned court.
3. Inform to the learned trial court.
Date : 01.03.2024.

Sd/(N.P. Tribhuwan)
Additional Sessions Judge,
C.R.No. 23, Gr. Mumbai.

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Cri. BA No.529/2024
Direct dictated on computer on : 01.03.2024
Checked on
: 01.03.2024
Signed on
: 01.03.2024
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
02.03.2024 at 12.26 p.m.
UPLOAD DATE AND TIME
Mrs. K.S.Bhosale
NAME OF STENOGRAPHER
Name of the Judge (With Court Room HHJ SHRI N. P. TRIBHUWAN
No.)
(C.R.No.23)
Date of Pronouncement of JUDGMENT 01.03.2024
/ ORDER
JUDGMENT/ORDER signed by P.O. on 01.03.2024
JUDGMENT/ORDER uploaded on
02.03.2024