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BA 1153/22
MHCC0263692022
IN THE COURT OF SESSIONS FOR GREATER BOMBAY
BAIL APPLICATION No.1153 OF 2022
Vivek Subhash Vadatkar
Aged 31 years, Occ : Service
Residing at Room No.106,
Prabhakar Building,
Phase­2, Surya Nagar, Badlapur (E),
Ambernath, Dist. Thane
…
The State of Maharashtra
(Through Pydhonie
Police Station
Vide CR.No.249/19)
Applicant / Accused
­ Versus ­
…
Respondent
Appearance :­
Mr. R.V. Gupta, Advocate for applicant.
Mr. Abhijeet Gondwal, A.P.P. for respondent.
CORAM : SHRI. S.D. KULKARNI,
ADDITIONAL SESSIONS JUDGE,
COURT ROOM No. 30.
Incharge of CR.NO.37
DATED : 30/06/2022.
ORDER
1.

This is an application filed by the applicant / accused
u/sec.439 of Criminal Procedure Code for releasing him on bail.
2.

It is alleged by the applicant / accused that the informant
lodged the report at Pydhonie Police Station against the applicant /
accused. On the basis of report crime was come to be registered against
the applicant / accused bearing CR.No.249/2019 for the commission of
offence punishable u/sec.420, 409, 408, 120(B) of The Indian Penal
Code.

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3.

BA 1153/22
It is alleged by the applicant / accused that he was arrested
on 12.11.2019 falsely as he was in police custody and then from
18.11.2019, he is in judicial custody. The applicant / accused further
alleged that the other co­accused were release on bail under the change
in circumstances. The applicant / accused preferred this bail
application. The applicant / accused have no concerned with LEML or
informant company. The main allegation against the applicant /
accused that he has helped the main accused for disposal of property.
The entire documentary evidence is in custody of Investigating Agency.
Therefore, there is no question of tampering with the evidence of
prosecution. The Investigating Officer after completion of the
investigation filed charge­sheet in the Court. Therefore, custodial
interrogation of the applicant / accused is not necessary. There is no
progress in the matter therefore, applicant / accused prayed for
releasing him on bail.
4.

The prosecution opposed the application on a ground that
the applicant / accused assist the main accused No.1 Saurabh Horambe.
He has given his two bank account numbers to the main accused so he
could deposit the amount in it. Accordingly, accused No.1 deposited
51,66,370/­ and 1,54,225/­ in his bank account. So, if accused release
on bail he will threaten the prosecution witnesses and there is
possibility of absconding of applicant / accused. Hence, prayed for
rejection of application.
5.

Perused application, say filed by the prosecution. Heard
both the advocates at length.

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6.

BA 1153/22
On perusal of reply filed by the prosecution it reveals that
accused No.1 is the main offender. He has manipulated the farmer’s
portal and in joining hands with applicant / accused, he transfer the
amount which farmer’s ought to receive in the account of co­accused.
7.

I have perused the entire reply filed by the prosecution, it is
nowhere mentioned that applicant / accused has fabricated any
documents or taken active role in manipulating accounts. The
applicant / accused is played limited role that he had given two bank
account numbers. The main accused so, as to divert the amount of
farmers to the account of their office friend. In the said act amount of
51,66,370 and 1,54,225 deposited in the bank of the applicant /
accused. It is not the case of the prosecution that applicant / accused
has used the said amount for his own purpose. The other accused who
are on same footing such as beneficiaries, of accused No.1 used to
deposit the farmers amount in their bank account so releasing on the
bail. I have already stated that prosecution has filed charge­sheet in the
court. The entire evidence collected by the prosecution. Since
November, 2019 applicant / accused is in judicial custody therefore, in
my opinion applicant / accused is entitled to release on bail.
Considering this, I pass the following order :
ORDER
1]
Bail Application 1153/2022 is allowed.

2]
Applicant / Accused Vivek Subhash Vadatkar arrested in
CR.No.249/2019 register under Pydhonie Police Station under Section
420, 409, 408, 120(B) of The Indian Penal Code and be released on
P.B. and S.B. of Rs. 50,000/­ with one or two surety/s in the like
amount.

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3]
BA 1153/22
Provisional cash bail of Rs.50,000/­ in the like amount is allowed.

The applicant / 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.
4]
The applicant shall attend the trial regularly.

5]
The applicant shall deposit his passport, if any, with Investigating
Agency.
6]
The applicant / accused shall not tamper with the prosecution
witnesses and evidence in any manner.
7]
The applicant / accused shall not leave India without prior
permission of the Court.
8]
Bail before the Ld. committing Court.
SANTOSH
DIGAMBAR
KULKARNI
Date : 30/06/2022.

Digitally signed
by SANTOSH
DIGAMBAR
KULKARNI
Date:
2022.07.02
17:16:46
+0530
( S.D. Kulkarni )
Additional Sessions Judge,
Gr. Mumbai.

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BA 1153/22
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED ORDER.”
02/07/2022
05.00 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.)
S.D. KULKARNI,
Court Room No. 30.
Incharge of CR.No.37
Date of Pronouncement of ORDER 30/06/2022
ORDER signed by P.O. on
02/07/2022
ORDER uploaded on
02/07/2022