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B.A.558/24
MHCC020035912024
IN THE COURT OF SESSION FOR GREATER BOMBAY
CRIMINAL BAIL APPLICATION No.558 OF 2024
Vishal Kiritbhai Parekh
Aged 32 years, Occ Having address at House No.13, Samrat
Society, Ankleshwar, Gadkhol Patiya,
Bharuch, Gujarat 393 101
… Applicant
– Versus The State of Maharashtra
(At the instance of DCB CID
Unit-2 Mumbai vide CR. No.18/2022
(Corresponding C.R.No.02/2022,
L.T. Marg Police Station)
… Respondent
Appearance :Advocate Sandeep Dubey for the applicant.
APP Iqbal Solkar for the respondent / State
CORAM : RAJESH A. SASNE
ADDITIONAL SESSIONS JUDGE,
COURT ROOM No. 30.
DATED : 11/03/2024
ORDER
This is bail application by the accused u/sec.439 of
Criminal Procedure Code for releasing him on bail in connection with
C.R.No.18/2022
registered
with
DCB
CID,
Unit-2,
Mumbai
(Corresponding C.R.No.02/2022, L.T. Marg Police Station) for the
commission of offences punishable u/sec. 380,420,465,467,468,471,34
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B.A.558/24
of the Indian Penal Code.
2.

It is alleged by the applicant / accused that he is innocent
and falsely implicated in the present case. The accused is arrested on
20.02.2022. He has undergone custodial interrogation. The applicant is
only earning member in the family. There is no criminal antecedent
against him. The charge is filed and investigation is completed.
Therefore, there is no point in keeping accused behind bars. He is
permanent resident of his given address therefore applicant / accused
prayed for releasing him on bail.
3.

The prosecution opposed the application by filing reply
vide Exh.2. It is the contention of the prosecution that if the accused is
released on bail it will affect the collection of evidence. If the accused is
released on bail there are chances of flee away from justice. If the
accused is released on bail there are chances of threatening of
prosecution witnesses and tampering of prosecution evidence. Hence,
prosecution prayed for rejection of the application.
4.

Read the application, say filed by the prosecution. Heard
the ld. Advocate for the applicants, ld. APP for the respondent / State.
5.

I have gone through the documents on record. It is the case
of the prosecution that on 02.01.2022 the applicant / accused
alongwith co-accused by conspiring together stolen the cheques D.D.
from cheque drop box of HDFC Bank, Zaveri Bazar, Byculla Branch and
thereafter they forged the beneficiary name on the cheque, handed over
it to wanted accused Sureshbhai, lateron deposited those cheques in the
bank account which was opened with bogus documents. It is alleged
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B.A.558/24
that accused Sureshbhai Vishnoi lateron withdrew the said amount and
thereby cheated the real beneficiary of cheques. Accordingly report was
lodged by one Megha Thorat the clerk of bank, against unknown
accused.
6.

It is the contention of the prosecution that the applicant /
accused was arrested on 20.02.2022 at Delhi. During the investigation it
was revealed that out of the said cheques one of the cheque was
deposited in the account of Santosh Yadav, another cheque was
deposited in the account of Sagar Panchal. According to the prosecution
the present applicant is also involved in the offence. There is evidence
of CCTV footage. According to the prosecution the accused is habitual
offender. Many crimes are registered against him. The record shows that
charge-sheet is already filed. Investigation is completed. The present
applicant / accused was arrested on 20.02.2023. Since more than two
years he is behind bars. The prosecution has not satisfied that the
accused has been convicted in any of the cases reported. As aforesaid
charge sheet is already filed. Trial will take its own time to conclude, till
then the accused can not be kept behind bars. If reasonable conditions
securing presence of accused are imposed, he will be entitled for the
bail. Hence, I pass the following order :
ORDER
1.

Criminal Bail Application No.558 of 2024 is allowed.

2.

The Applicant / Accused Vishal Kiritbhai Parekh, arrested in
C.R.No.18/2022 (corresponding C.R.No.02/2022, L.T. Marg Police
Station) under Section 380,420,465,467,468,471,34 of the Indian Penal
Code, registered with DCB CID, Unit-2, Mumbai be released on bail on
furnishing P.B. and S.B. of Rs.30,000/- with one or two sureties.

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3.

B.A.558/24
The applicant / accused shall not tamper with the prosecution
witnesses and evidence in any manner.
4.

The applicant / accused shall attend the concern police station
once in two month till framing of charge.
5.

Provisional cash bail in the like amount is allowed. The accused
shall furnish surety within 4 weeks from the date of release from jail
failing which the cash bail shall stand forfeited without any separate
order to that effect.
6.

The applicant / accused shall not leave India without prior
permission of the Court.
7.

Bail before the concern Magistrate.

Date : 11/03/2024
Dictated on
Transcribe on
Signed by HHJ on
: 11.03.2024
: 12.03.2024
: 13.03.2024
( RAJESH A. SASNE)
Additional Sessions Judge,
Gr. Mumbai.

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B.A.558/24
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
ORDER.”
13/03/2024
2.47 p.m.

UPLOAD DATE
TIME
J.S. Chavan
NAME OF STENOGRAPHER
Name of the Judge (With Court H. H. Additional Sessions Judge Shri.
Room No.)
R.A. SASNE, Court Room No. 30.
Date of Pronouncement of ORDER 11/03/2024
ORDER signed by P.O. on
13/03/2024
ORDER uploaded on
13/03/2024