Cri. Bail Appln. No.539 of 2022 (Or. Exh.1)
1
IN THE COURT OF ADDITIONAL SESSIONS JUDGE, NASHIK,
AT – NASHIK.
(Presided over by Mr. M. H. Shaikh)
Criminal Bail Application No.539 of 2022
CNR No.MHNS010021492022
Koshi George Curvilla
… Applicant/Accused.

V/S
State of Maharashtra
Through – P.I. Satpur Police
Station (CR No.I­80/2022)
… Respondent/State.

Appearance : Ld. Adv. Shri. Amol R. Rayate for Applicant/Accused.
Ld. A.P.P. Shri Kadve for Respondent/State
Shri S.S.Jadhav P.S.I.( I.O.) present.
ORDER BELOW EXH. No.1
(Delivered on 5th May, 2022)
1.

Read the application and the say filed by the respondent,
which is at Exh 6. Heard Ld. Advocate for applicant and learned A.P.P.
for State.

Gone through the contents of the F.I.R. and the other
documents placed on record.
2.

Ld. Advocate for the applicant submits that, the applicant
is the builder and an owner of the block, which was agreed to be sold to
accused No.1. He further submits that, the said accused No.1 inducted
tenants in the said block. He further submits that as the owner of the
said block had sold the block by taking valuable consideration to co­
Cri. Bail Appln. No.539 of 2022 (Or. Exh.1)
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accused. The document is already with the police and therefore
custodial interrogation of this applicant is not necessary. Therefore,
prayed to allow the application on any terms.
3.

Ld. A.P.P. for State submits that this applicant is the main
culprit. He submits that custodial interrogation of this applicant is
necessary for the progress of the investigation. Therefore, prayed to
turn down the application.
4
Upon hearing and going through the material placed on
record, this Court finds that, all other co­ accused came to be granted
pre­ arrest bail by this Court. The crime is registered on the direction of
the Ld. J.M.F.C. under section 156(3) of Cr.P.C. The block is owned by
the applicant and he allotted the same to accused No.1, who in turn
agreed to sale the same to the complainant. Complainant inducted the
tenants and thereafter it seems that applicant sold the said block by
way of a registered deed for a valuable consideration to co­accused.
5
As far as this applicant is concerned, the documents as
regards the said block are with the I.O. The transaction is of civil
nature. There is an inordinate delay in ventilating the grievance by the
complainant. Accused No.1 is already granted pre­ arrest bail.
Therefore, on the ground of parity, this applicant is also entitled for pre­
arrest bail. As observed above, the investigation can proceed further
without the presence of the applicant, because the case is based on
documentary evidence. By imposing certain conditions, the application
can be allowed. Hence the order.

Cri. Bail Appln. No.539 of 2022 (Or. Exh.1)
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ORDER
1.

Criminal Bail Application No. 539/2022 is allowed.

2.

In the event of arrest, Applicant Koshi George Curvilla be
released on bail on his executing a personal bond
of Rs.15,000/­ each with solvent surety in like amount to
the satisfaction of the I.O. I connection with CR.No.I­
80/2022 registered with the respondent Satpur Police
Station under section 406,420,506, r.w.s.34 of I.P.C.

3.

Applicant to remain present before the I.O. at the
respondent police station on 9th May 2022, 12th May 2022
and 17th May 2022 between 11.00 a.m. to 1.00 p.m. and
co­operate the investigating Officer in the investigation and
thereafter as and when he calls under prior written
intimation.

4.

In the above terms the bail application stands disposed off.

Place : Nashik.
Date : 05/05/2022
MUSHTAQUE
HUSSAIN
SHAIKH
Digitally signed by
MUSHTAQUE HUSSAIN
SHAIKH
Date: 2022.05.05 18:12:49
+0530
(M. H. Shaikh)
Additional Sessions Judge, Nashik.