CRI. BA 902/2024
1
ORDER
MHCC020057172024
IN THE COURT OF SESSIONS FOR GREATER BOMBAY
AT MUMBAI
CRIMINAL BAIL APPLICATION NO. 902 OF 2024
( CNR NO.: MHCC02-005717-2024 )
Mr. Virendra Harikishan Dahikar
Age about 38 years
Residing at: ward no 25, tal Balaghat,
District Balaghat, Madhya Pradesh
V/s.
The State of Maharashtra,
(At the instance of EOW
vide C.R.No.33/2021)
(Ealier registered with Paydhuni
Police Station CCTNS No.95 of 2021)
…Applicant/Accused
…Respondent/State.

Appearance:Ld. Advocate Mukesh Dongarge for the applicant/accused.
Ld. S. P.P. S.V. Kekanis and Ld. S.P.P Manisha J. Parmar for the
State/respondent.
CORAM : H.H. THE ADDL. SESSIONS JUDGE
S.M. TAPKIRE (C.R.60)
DATE : 26.04.2024.
ORDER
1.

This is an application under Section 439 of Code of
Criminal Procedure, 1973 (hereinafter referred to as Cr.P.C) in
connection with the crime vide C.R. No. 33 of 2021 (CCTNS No.95 of
CRI. BA 902/2024
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ORDER
2021) with Paydhoni Police Station) dated 06.04.2021 for the offences
punishable under Sections 406, 409, 419, 420, 465, 467, 468, 471,120B of the Indian Penal Code, 1860.
2.
of
The respondent/state has strongly opposed to the bail plea
the
applicant on various
grounds
by
filing
their
written
say/submission at Exh-3.
3.

Perused the application, plea submissions, grounds raised
therein coupled with the documents placed reliance by the applicant.
Also, perused the written say/objection of respondent/state. Heard Ld.
Advocate for the applicant and the Ld. S.P.P. for respondent/state.
4.

Having heard to the rival parties and considered their
raised their submissions contentions and record availed prima-facie
inclined in impugned crime, the applicant and his companions 8 coaccused are involved. Initially with regard to the impugned crime the
C.R.No.95 of 2021 in Paydhoni Police Station was raised. Subsequently,
the same has been transferred with EOW. Whereat it has been
renumbered by as C.R.No.33 of 2021, wherein alleged that the
applicant and his companion co-accused have prepared fabricated false
dubious forged negotiable instruments of Bank of Baroda and the same
is falsely signed by using it the fixed deposit amount of Railway Goods
Clearing and Forwarding Establishments Labour Board Mumbai and its
saving bank account in the said Bank of Baroda, Masjid Bunder Branch
get transferred grabbed misappropriated in all amount Rs.5.6 crores.
Allegedly, the applicant is proprietor and owner of Maharshi Enterprises
and General Supply and Sales. He has opened his bank account in Bank
CRI. BA 902/2024
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ORDER
of Baroda, Balaghat Branch, District-Balaghat, State of M.P. Wherein
encashed the forged fabricated cheque bearing no.277 and by it get
transferred the amount Rs.71,60,000/- of Railway Goods Clearing
Forwarding Labour Board. Thereon, the said amount withdrawn by cash
by himself and also by his cheques of other account and siphoned of
misappropriated the said entire amount. Thereby, arrested to him. His
bail plea is pleased to rejected by Ld. Trial Court by order dated
20.03.2024. He comes with the case that he was not aware about the
alleged crime committed by co-accused. In his bank account at the
instance of his friend co-accused get transferred amount Rs.71,60,000/by cheque in lieu of railway contract was availed to him from his friend.
However, lateron the same has been revoked and the co-accused had
asked the said cheque amount by in cash. Therefore, he withdrawn the
same and handed over the enitre amount to the co-accused. When he
has inclined about his involvement in alleged crime. He immediately
raised the complaint before the concern police of Balaghat. Then, he
raised the proceeding u/s.156(3) of the Cr.P.C. with Chief-Judicial
Magistrate Court Balaghat against Branch Manager of Bank of Baroda
and co-accused. The same is pending. Therefore, would transpire he
was not involved in alleged crime by any manner.
5.

The respondent has strongly opposed to the bail plea of
applicant by raising objection that he has get encashed the forged false
dubious fabricated cheque of Rs.71,60,000/- in his bank account. The
said amount get transferred siphoned off routed by him within span of
one week by cash, cheques, UPI and entire amount get transferred and
misappropriated. The said entire amount is yet to detected and seized.
Till now only the property of Rs.25,00,000/- is get secured. He is
CRI. BA 902/2024
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ORDER
resident of M.P. and has actively involved in said crime. Therefore, does
not deserve for liberty. Moreover, exhaustive detail investigation is yet
to complied and charge-sheet is also not filed.
6.

Thus, in such eventualities, considering the allegations
grievance raised against the applicant it inclined that he is arrested on
22.02.2024 i.e. after lapse of huge period from raising impugned crime
i.e. 06.04.2021. By it prima-facie inclined he was absconded for the
heap of period. The record is clarifying and the same is also admitted
that the amount of Railway Board Rs.71,60,000/- get transferred in his
bank account by using forged fabricated false cheque. Thereon the
entire amount get transferred withdrawn by him within short span. In
that record considerable sufficient bank record is there. The same is not
disputed by the applicant. He merely raised the plea that the said
amount was received to him in lieu of railway works contract provided
to him from his friend co-accused, but, lateron the same revoked and
entire said amount get withdrawn by cash by him and handed over to
co-accused. Therefore, he was not involved in alleged crime. The record
itself shows that he has get withdrawn the said amount by his other
own cheques, UPI payment, amount transferred by NEFT, Micro cash
transactions and withdrawn by cash. Thereby, in his said submission
prima-facie does not incline justified substance force. Furthermore, the
alleged involved entire amount is yet not detected transpired. The detail
exhaustive investigation in regard amount transferred by him in other
accounts is yet to transpired clarified. Thus, in all such eventualities
though the applicant is vehemently relying on the alleged proceeding
raised u/s.156(3) of the Cr.P.C. against Branch Manager of Bank of
Baroda and other co-accused. However, prima-facie it inclined the same
CRI. BA 902/2024
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ORDER
is just created by applicant in view of availing shield/defence to him, in
case of his arrest and detention in jail. Hence, I am not inclined any
considerable cause reason ground to have liberty to him. With this
passed the following order.
:ORDER:
The present Criminal Bail Application No.902 of 2024 is hereby rejected
and disposed of accordingly.
Dictated and pronounced in open court
SHRIRAM
MADHUKAR
TAPKIRE
Dictated on
Transcribed on
Date of sign
: 26.04.2024
: 29.04.2024
: 02.05.2024
Digitally signed
by SHRIRAM
MADHUKAR
TAPKIRE
Date:
2024.05.02
15:03:56
+0530
(S.M. Tapkire)
Addl. Sessions Judge
Sessions Court,
Mumbai. C.R. 60
CRI. BA 902/2024
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ORDER
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
02/05/2024, 3.05 p.m.
UPLOAD DATE AND TIME
Mr. Prasad S. Pednekar
NAME OF STENOGRAPHER
Name of the Judge (with Court Room No.)

HHJ S.M. Tapkire,(C.R.No.60)
Addl. Sessions Judge.,City Civil & Sessions
Court, Mumbai.

Date of pronouncement of Judgment/Order
26.04.2024
Order signed by P.O. on
02.05.2024
Order uploaded on
02.05.2024