BA No.1709/2022
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IN THE COURT OF SESSIONS FOR GREATER BOMBAY AT BOMBAY
BAIL APPLICATION NO. 1709 OF 2022
( CNR NO.: MHCC020093102022 )
Vinod Baban Dhotre
Age: 44 years, Occ: Business
R/o: Room No.5, Dhotre Chawl,
Vaishalinagar, Opp.Unity Apartment,
Jogeshwari( W )
Mumbai 400 102.
…Applicant/Accused.
V/s.
The State of Maharashtra.
( At the instance of Ghatkopar P.Stn.
Vide C.R. No.527/2019)
…Respondent/State.
Appearance:
Mr.A.S Dhotre Advocate for the Applicant/Accused.
Mrs. Ashwini Raykar, APP for the State/respondent.
CORAM : S.M. MENJOGE, THE ADDL.
JUDGE (C.R.17)
DATE : 26/7/2022.
ORDER
1.
This is an application filed by applicant/accused Vinod Baban
Dhotre for bail under section 439 of Cr.P.C.1973, in Crime
No.527/2019 U/s. 420,406 r/w 34 of IPC, registered at Police Station
Ghatkopar, Mumbai.
2.
Case of complainant is that he had given advertise on OLX for
letting his two cars on rent. Applicant accused approached to him and
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assured for payment of Rs. 56,000/pm towards rental charges of cars.
Applicant paid him Rs.56,000/ to complainant and took both the cars
with him. Applicant did not pay rent in the month of September 2018
and hence, complainant tried to contact him but his phone was switched
of. Thereafter, he issued two cheques of Rs.31,000/ and 40,000/ but
those were dishonored. Applicant did not return those two cars to the
complainant and hence, complainant lodged report.
3.
Mr. A.S.Dhotre Advocate for applicant/accused has submitted
that applicant is falsely implicated in this case. Both the cars are seized
from different places. Therefore, nothing is required to be seized from
applicant. Therefore, his further detention in jail is not necessary.
Hence, he prayed to release the applicant/accused on bail.
4.
Mrs. Ashwini Raykar, APP for the State strongly opposed the
application on the ground that offence is of serious nature and
investigation is not completed. Applicant has criminal antecedents and 4
offences are already registered against him. He was hiding his identity
and avoiding his arrest in another crime also. Hence, she prayed for
rejection of application.
5.
I perused case diary and heard the advocatel for the applicant
and A.P.P. for the State. I have gone through the Law laid down in
respect of grant or refusal of bail, in following cases by the Hon’ble
Supreme Court :
1]
Sanjay Chandra Vs C.B.I., (2012) 1 SCC 40;
2]
Moti Ram Vs State of M.P. (1978) 4 SCC47;
3]
Babu Singh Vs State of U.P., (1978) 1 SCC 579;
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4]
Vaman Narain Ghiya Vs State of Rajasthan,
MANU/SC/8394/2008 : (2009) 2 SCC 281;
5]
Siddharam Mhetre Vs State of Maharashtra,
MANU/SC/1021/2010 : (2011) 1 SCC 694,
6]
Vivek KumarVs State of U. P.,(2000) 9 SCC 443;
7]
Prahlad Singh Bhati Vs NCT, Delhi,
MANU/SC/0193/2001 : (2001) 4 SCC 280;
8]
State of U.P. Vs Amarmani Tripathi,
MANU/SC/0677/2005 : (2005) 8 SCC 21;
9]
Prahlad Singh Bhati v. NCT, Delhi (2001)4 SCC 280
10]
Gurcharan Singh v. State (Delhi Admn.(1978)1 SCC 118.
11]
Kalyan Chandra Sarkar v. Rajesh Ranjan
(2004) 7 SCC 528
12]
Ram Govind Upadhyay v. Sudarshan Singh
(2002)3 SCC
598
13]
Puran v. Rambilas (2001) 6 SCC 338.
14]
Neeru Yadav vs State of UP, AIR 2015 SC 3703
15]
Sharad Kumar..Vs…C.B.I, MANU/DE/2374/2011
and considered following factors while deciding this bail application :
(i)
Whether there is any prima facie or reasonable ground to
believe that the accused had committed the offence;
(ii)
Nature and gravity of the charge;
(iii)
Severity of the punishment in the event of conviction;
(iv)
Danger of the accused absconding or fleeing, if released on bail;
(v)
Character, Behaviour, Means, Position and Standing of the
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accused;
(vi)
Likelihood of the offence being repeated;
(vii) Reasonable apprehension of the witnesses being tampered with
and
(viii) Danger of justice being thwarted by grant of bail.
6.
In the light of law laid down in above cases, I perused the case
diary. On perusal of the same, it is found that, applicant had taken two
cars of complainant on rent but he neither paid rent from September
2018 nor returned cars. Cheques issued by him are dishonored. Both
these cars are recovered from Gujrat State. Accused is arrested on
27.6.2022.
Vehicles are already recovered and handed over to the
complainant. The offence is triable by Court of Magistrate. No purpose
would be served by keeping the applicant behind the bar. Hence, I pass
following order.
ORDER
1.
Bail Application No. 1709/2022 is hereby allowed.
2.
Applicant/accused namely Vinod Baban Dhotre in
C.R.No.527 of 2019 registered with GHatkopar police
station for the offence punishable under Sections
420,406 r/w 34 of IPC, shall be released on his
executing PR Bond of Rs.20,000/ (Twenty Thousand
only) with one or two sureties of the like amount on
the conditions that :
a)
He shall not pressurize the prosecution
witnesses in any manner.
b)
He shall not commit any offence while on bail.
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He shall attend the dates of Court regularly
unless exempted by the Court.
d)
He shall furnish his correct address to the
investigating officer.
3.
He be released on provisional cash bail of
Rs.20,000/. Duration of provisional cash bail shall
be for four weeks.
4.
Bail before Ld. Magistrate.
5.
Bail Application No.1709/2022 is disposed of
accordingly.
Dictated on
Transcribed on
Date of sign
: 26.07.2022.
: 26.07.2022.
: 26.07.2022.
Digitally signed
by SHASHANK
MANOHARRAO
SHASHANK
MANOHARRAO MENJOGE
MENJOGE
Date:
2022.07.26
17:32:50 +0530
( S.M. MENJOGE )
Addl. Judge
City Civil & Sessions Court,
Gr. Bombay.
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CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
26.07.2022.
UPLOAD DATE AND TIME
Name of the Judge (with Court
Room No.)
Mrs. S.S.Sawant
NAME OF STENOGRAPHER
S.M. MENJOGE,(C.R.No.17)
Addl. Judge.,City Civil & Sessions
Court,
Date of pronouncement of /Order 26.07.2022.
Order signed by P.O. on
26.07.2022.
order uploaded on
26.07.2022.