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B.A.559/24
MHCC020035902024
IN THE COURT OF SESSION FOR GREATER BOMBAY
CRIMINAL BAIL APPLICATION No.559 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.19/2022
(Corresponding C.R.No.11/2022,
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.19/2022
registered
with
DCB
CID,
Unit-2,
Mumbai
(Corresponding C.R.No.11/2022, L.T. Marg Police Station) for the
commission of offences punishable u/sec. 380, 420, 465, 467, 468, 471,
474, 34 of the Indian Penal Code.

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2.

B.A.559/24
It is alleged by the applicant / accused that he is innocent
and falsely implicated in the present case. The accused is arrested on
04.03.2022. He has undergone custodial interrogation. The applicant /
accused is the sole bread earner of his family. The charge sheet is filed
and investigation is completed. Therefore, there is no point in keeping
accused behind bars. He is a 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 the informant Amrendranath Mishra, the Head
Manager of Union Bank of India, Kalbadevi Branch upon checking CCTV
footage of the bank lodged report on 17.1.2022, that unknown persons
have committed theft of the cheques from the cheque drop box of Union
Bank of India. They forged the beneficiary name in the cheque, handed
over these cheques to the co-accused Sureshbhai Vishnoi. Said
Sureshbhai lateron deposited those cheques in the bank account which
was opened by using
bogus documents. Lateron said co-accused
Sureshbhai withdrew the amount and thereby cheated the original
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B.A.559/24
beneficiary. Accordingly the offence is registered.
6.

During investigation the police recovered CCTV footage
and arrested the present applicant. The applicant is arrested on
04.3.2022. According to the prosecution the applicant / accused is also
involved in the present crime. Charge sheet is already filed.
Investigation is completed. Since last more than two years the applicant
is behind bars. Trial will take its own course and time to conclude it on
merit, 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. In the result, I pass the following order :
ORDER
1.

Criminal Bail Application No.559 of 2024 is allowed.

2.

The Applicant / Accused Vishal Kiritbhai Parekh, arrested in
C.R.No.19/2022 (corresponding C.R.No.11/2022, L.T. Marg Police
Station) under Section 380,420,465,467,468,471,474,34 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 more
sureties.
3.

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.

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6.

B.A.559/24
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.559/24
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
ORDER.”
14/03/2024
3.06 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
14/03/2024