CNR No.MHNS010013092022 Order below Exh.1 in Cri. Bail Application No.388 /2022
( Shivaji Raghu Shinde applicant/accused 2 Vs. State ) This is an application, for bail u/s. 439 of the Cr.P.C. in Crime No.82 of 2022 registered with Panchavati Police Station, Nashik u/ss. 420 r/w.34 of The Indian Penal Code(IPC).
2.The learned counsel Mr. D. B. Kedar for the applicant submits that, applicant/accused 2 is innocent person and he has been falsely implicated. He has kidney stone problem and has submitted medical papers. He is ready to abide by any of the terms and conditions to be imposed by this Court. He was arrested on 12.03.2022 and at present he is in judicial custody. He has got fixed and permanent place of residence and undertakes to cooperate investigation.
3.Learned A.P.P. Mr. R.M. Baghdane, by filing pursis (Exh.8) adopted say (Exh.7) filed by Investigation officer (I.O.) and strongly objected this application. I.O. is present alongwith case dairy.
4.Perused record. Prosecution case is that, accused persons in collusion with each other cheated the informant and received Rs.7,00,000/ on the pretext of giving triple amount of Rs. 23,00,000/. However,they did not pay any amount.
5.In the present case, applicant/accused 2 was arrested on 12.03.2022. The money of misappropriation/cheating and vehicle used in the crime are yet to be recovered. There direct involvement of accused/applicant 2. Coaccused are yet to be arrested. The applicant/accused 2 may hamper or tamer prosecution witnesses or evidence and may abscond. Custodial interrogation is necessary for thorough investigation. Consequently, I am not inclined to exercise my discretion in favour of the applicant/accused 2. Hence, the order.
ORDER
This application stands rejected.
( S.T. Tripathi) Date : 28.03. 2022. Additional Sessions Judge7, Nashik.