Mumbai, April 24, 2024 – The Additional Sessions Judge A.A. Kulkarni (Court Room No. 22) granted bail to Vasant Sham Gulhane, a businessman from Thane, in connection with a land fraud case registered at Tilak Nagar Police Station (Crime No. 750/2023). The court cited the completed investigation and the filing of the charge sheet as key factors in its decision.
Background of the Case:
Vasant Sham Gulhane, a 52-year-old businessman, was arrested for allegedly being involved in a land fraud case. The case was registered under Sections 420 (cheating), 447 (criminal trespass), 465 (forgery), 467 (forgery of valuable security, will, etc.), 468 (forgery for purpose of cheating), and 471 (using as genuine a forged document or electronic1 record) of the Indian Penal2 Code (IPC).
Arguments Presented:
Advocate Raj Jain, representing Gulhane, argued that his client was falsely implicated and had not committed any offense. He stated that Gulhane had not made any representations before any government authority or person, had not fabricated any land documents, and had not conducted any property transactions. He emphasized that Gulhane was arrested solely because his brother, Rajan Gulhane, was also an accused in the case. He also pointed out that the investigation was completed, and the charge sheet was filed.
Additional Public Prosecutor (APP) J.N. Suryawanshi, representing the State, opposed the bail application. He argued that releasing Gulhane would lead to witness tampering. He also stated that Rs. 30 lakhs were yet to be recovered from Gulhane and that documents were still to be recovered. He further mentioned that another accused, Pravin Bibhandik, had admitted to receiving Rs. 75 lakhs, and his further investigation was pending.
Court’s Reasoning and Decision:
Judge Kulkarni, after reviewing the FIR and other documents, noted that Gulhane’s previous bail application was rejected when the investigation was still pending. However, the court observed that the investigation was now completed, and the charge sheet was filed.
“Now investigation is completed and charge-sheet is filed against applicant before Ld. Metropolitan Magistrate,” Judge Kulkarni stated in his order.
The court also considered that the statements of witnesses had been recorded during the investigation and that the case was triable by a magistrate.
“During investigation statements of witnesses are recorded. Case is triable by magistrate. In such circumstances further detention of applicant is not required,” Judge Kulkarni stated.
Regarding the prosecution’s concerns about witness tampering and recovery of money and documents, the court stated that conditions could be imposed on Gulhane to address these concerns.
Consequently, the court granted bail to Vasant Sham Gulhane, ordering his release upon furnishing a Personal Recognizance (PR) bond and a Surety Bond (SB) of Rs. 25,000 with one or more sureties of the same amount.
The court imposed several conditions, including that Gulhane must provide his address and contact details, must not influence witnesses, must not leave India without permission, and must attend court hearings.
Implications and Significance:
This ruling highlights the court’s consideration of the progress of the investigation and the filing of the charge sheet in bail matters. The decision underscores that when the investigation is complete and the charge sheet is filed, bail can be granted with appropriate conditions.
The court’s decision also reflects a balanced approach, ensuring that the accused’s rights are protected while also imposing conditions to address the prosecution’s concerns about potential witness tampering and flight risk.
The order was dated April 24, 2024, and uploaded on the same day at 5:30 p.m.