B.A.659/2022
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Order
IN THE COURT OF SESSIONS FOR GREATER BOMBAY AT BOMBAY
CRIMINAL BAIL APPLICATION NO. 659 OF 2022
( CNR NO.: MHCC020037992022 )
Sunil Abhiman Chandanshive,
Age: 40 years, Occ: Service
R/o: H/2, Bldg. No.22, Room
No.175, Hill Sight, Powai,
Mumbai400 076.
…Applicant/Accused.
V/s.
The State of Maharashtra.
( At the instance of Chembur P.Stn.
Vide C.R. No.381/2019)
…Respondents/State.
Appearance:
Mr. Anil Bansode, Advocate for the Applicant/Accused.
Mr. Ramesh Siroya, APP for the State/respondent.
CORAM : H.H. THE ADDL. JUDGE
SHRI G.B.Gurao (C.R.17)
DATE : 06/04/2022.
ORDER
1.
This is an application under section 439 of Cr.P.C. for bail by
applicant/accused Sunil Abhiman Chandanshive, in crime No.381/2019
under section 420 r/w 34 of IPC registered at police station Chembur,
Mumbai.
Facts in brief are as under :
2.
Complainant Surekha Hajare lodged report in the police station. It
is alleged that she does business of clothes selling and her husband is in
job in building construction. Her sister in law Pratibha resides at Powai.
In 2016 accused Ajay and his wife Sushila came to reside in the room of
B.A.659/2022
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Pratibha as a tenant. Accused and his wife used to come at Chembur
camp and therefore, complainant and other persons knew to accused.
Thereafter, in March, 2018 accused Ajay and Sunil came to the house of
complainant and they informed her that the loan of Rs.6 lacs is getting
in “Jandhan scheme”. They also stated that complainant has to form
group of six women. Accordingly, complainant and witnesses formed
group. Accused askedthem Rs.25,000/ each as a fees and documents.
It is further alleged that thereafter, complainant and witnesses gave
documents and Rs.25,000/ each i.e. total amount of Rs.1,25,000/ to
accused. Thereafter, complainant made inquiry to accused about loan.
However, accused gave evasive answers. Therefore, on the complaint
above said crime is registered.
3.
Mr. Anil Bansode Advocate for applicant/accused has submitted
that applicant is innocent and he has not committed any crime. The
incident happened in the year 201819 and the FIR is lodged in 2020.
Thus, there is considerable delay in filing FIR. The investigation in
respect of present accused is completed. Accused is ready to abide by
the conditions, if any imposed by the Court.
Hence, he prayed to
release the applicant/accused on bail.
4.
Mr. Ramesh Siroya, APP for the State has submitted that offence
is serious. Investigation is in progress and if the accused is released on
bail then he will commit similar type of offence. Hence, he prayed to
reject the application.
5.
I have perused the FIR and the say of prosecution. It appears that
accused was arrested. He was in police custody and now in judicial
custody. The investigating officer in his say has specifically stated that
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the investigation in respect of present accused is completed.
Thus,
further custodial interrogation of accused is not necessary. Accused is
permanent resident of given address. His antecedents are clear and he
undertakes to abide by the conditions if any imposed by the Court.
Hence, accused is entitled for bail.
Therefore, following order.
ORDER
1.
Bail Application No. 659/2022 is hereby allowed.
2.
Applicant/accused namely Sunil Abhiman
Chandanshive, in C.R.No.381 of 2019 registered with
Chembur police station for the offence punishable under
Sections 420 r/w 34 of IPC, shall be released on his
executing PR Bond of Rs.15,000/ (Fifteen Thousand
only) with one or more sureties of the like amount on
the conditions that :
a)
He shall attend concerned police station as and when
reasonably required by investigating officer till
further orders.
b)
He shall not pressurize the prosecution witnesses in
any manner.
c)
He shall not commit any offence while on bail.
d)
He shall attend the dates of Court regularly unless
exempted by the Court.
e)
He shall furnish his correct address to the
investigating officer.
3.
He be released on provisional cash bail of Rs.15,000/.
B.A.659/2022
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Order
Duration of provisional cash bail shall be for four weeks.
4.
Bail before Ld. Magistrate.
5.
Bail Application No.659/2022 is disposed of accordingly.
Digitally signed
by GIRISH
BALKRISHNA
GIRISH
BALKRISHNA GURAO
Date:
GURAO
2022.04.07
11:06:34 +0530
Dictated on
Transcribed on
Date of sign
: 06.04.2022.
: 06.04.2022.
: 07.04.2022.
(G.B.Gurao)
Addl. Judge
City Civil & Sessions Court,
Gr. Bombay.
B.A.659/2022
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Order
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER”
07.04.2022.
UPLOAD DATE AND TIME
Mrs. S.S.Sawant
NAME OF STENOGRAPHER
Name of the Judge (with Court Room
No.)
HHJ SHRI.G.B.Gurao,(C.R.No.17)
Addl. Judge.,City Civil & Sessions Court,
Date of pronouncement of /Order
06.04.2022.
Order signed by P.O. on
07.04.2022.
order uploaded on
07.04.2022.