1
BA 120/2020
IN THE COURT OF SESSION FOR GREATER BOMBAY
AT BOMBAY
BAIL APPLICATION NO. 120 OF 2020
IN
REMAND APPLICATION NO. 136 OF 2020
IN
SPECIAL CASE NO. 33 OF 2018
IN
CASE NO. RC/BA1/2017/A0031
Mr. Rajesh H. Dahanukar
An Adult, Age 49 years,
Residing at A/102,
Narrana Apartment, Shantawadi Lane,
J.P. Road, Andheri (W),
Mumbai Ц 400 058
(Presently lodged at Arthur Road Jail)
…

Applicant
Versus
Central Bureau of Investigation
…
(At the instance of ACB, CBI vide their
Case No. RC/BA1/2017/A0031)
Respondent
Appearances:
Ld. SPP Shri. Sandeep Singh for CBI, ACB, Mumbai.
Ld. Adv. Shri. D.D. Rai for applicant.

CORAM : HIS HONOUR SPECIAL JUDGE
SHRI A.S. SAYYAD
CBI SPECIAL COURT (C.R.No.52)
DATE
: FEBRUARY 17, 2020
2
BA 120/2020
(DICTATED AND PRONOUNCED IN OPEN COURT)
:ORAL ORDER:
1.

This is a bail application by which the applicant seeks his
release on bail under section 439 of Cr.P.C. in connection with
Case No. RC/BA1/2017/A0031 for the offences punishable under
sections 120-B r/w 409, 419, 420, 467, 468 and 471 of Indian
Penal Code and section 13(2) r/w 13(1)(c) & (d) of the Prevention
of Corruption Act 1988.

2.

Briefly stated the case of the prosecution is that :
There is a one special case no. 33 of 2018 against 1) Vijay
Pandurang Chaudhary @ Shri. Ajay Ramchandra Patil 2) Shri.
Prafulla Kumar Mishra 3) Shri. Michael Bara and 4) Shri. Shakti
Singh is pending for trial in this court. The allegations levelled
against the aforesaid persons are that all these persons entered into
criminal conspiracy and all they dishonestly and fraudulently
prepared forged documents i.e. Kisan Vikas Patra purportedly
issued by the Dunge Post Office, Bhivandi and extracted the huge
amount of Rs. 50 lakhs and cheated the Dena Bank, Manish Nagar
Branch, Mumbai.

3.

It is alleged that during the further investigation applicant
had come in picture as mastermind behind the fraud committed in
above mentioned special case no.33 of 2018. It is further alleged
that the applicant was partly examined by the investigating officer
during the course of investigation and thereafter he got absconded
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BA 120/2020
and revealed that he is not residing with his family at the
available address. In the investigation, it is revealed that on
06.02.2020 from the account of accused no.1 an amount of Rs.7
lakhs and Rs.4.5 lakhs were withdrawn by one Shri. Jatin Padaya
on the instructions of present applicant. Apart from the said
amounts. Rs.23.69 lakhs transferred to the account of M/s. Queen
Trading whose Proprietor is Shri. Varis Rupabindra and also
amount of Rs.14.75 lakhs to M/s. Om Enterprises whose Proprietor
is Shri. Somnath Banargee.

4.

The prosecution and investigating officer of this matter
strongly opposed to this application by filing say contending
therein that the offence is serious one. There is a prima facie
involvement of the applicant in the alleged incident. In the
investigation, it is revealed that the present applicant is a master
mind behind the alleged crime, upon whose instance multiple lakhs
of rupees were withdrawn from the bank. Criminal antecedent of
the present applicant is not cleared as various serious crimes are
registered against the applicant in various police stations. The
applicant is habitual offender, in case applicant is released on bail,
probability of tampering and hampering the prosecution evidence
may not be ruled out. The prosecution therefore prayed for
rejection of the application.

5.

Heard Ld. Advocate for the applicant and Ld. SPP for CBI,
ACB, Mumbai at length. I have bestowed my best consideration to
their respectful submissions.

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6.

BA 120/2020
Upon perusal of investigating papers, it would appear that
involvement of this applicant is found in special case no. 33 of
2018 which is now pending in this court. From the documents
submitted by the applicant, it appears that there are many crimes
registered against the present applicant in various police stations
for having committed serious offences. So far as special case no.33
of 2018 is concerned, in the instant case, after investigation
investigating officer has submitted charge-sheet and thereafter trial
is commenced and now this matter is partly heard.

7.

It appears that some of the witnesses stated about the
involvement of the present applicant in the aforesaid case. As the
investigation is already completed and trial is started, in such
circumstances, there no appears further incarceration or recovery or
discovery with the hands of the present applicant. The principal
accused in this case is behind bar and other accused are on bail.
Initially no crime registered against this accused as well as no
charge-sheet has been forwarded against the present accused. From
the allegations levelled against the accused, it appears that the
present applicant no appears to be beneficiary in the alleged
conspiracy from the documents.

8.

It appears that the present applicant is permanent resident of
this vicinity. As already investigation was completed and trial of
the special case no. 33 of 2018 is already partly completed, in
such circumstances, if the applicant is released on bail, there no
probability appears that he will hamper or tamper the evidence.

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BA 120/2020
Considering the nature of offence and the facts and circumstances
of the case, no prejudice will be caused, if the applicant is
released on bail subject to certain stringent conditions. Hence the
following order ORDER
1
Criminal Bail Application No. 120 of 2020 is allowed.

2
Applicant/accused Mr. Rajesh H. Dahanukar be
released on execution P.R. bond of Rs. 1,00,000/- (Rs.
One Lakh only) with one or more solvent sureties
in the like amount.

3
Provisional cash bail of Rs. 1,00,000/- is granted to the
applicant/accused for two weeks from today.

4
Applicant/accused shall not directly or indirectly
make any inducement and/or influence and or
pressurize or cause any threat or give any promise to
anybody acquainted with the facts of accusations made
against the applicant so as to dissuade such person
from disclosing such facts to the court or to the
investigating agency and shall not tamper in any
manner whatsoever with the prosecution evidence
whatsoever.
5
The applicant/accused shall remain present in
the court on its every date without fail.

6
In the event any of the condition herein being violated,
the prosecution would be at liberty to seek for
cancellation of bail.

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BA 120/2020
Criminal Bail Application No. 120 of 2020 is disposed
of accordingly.

Date :17.02.2020
Dictated on
Typed on
HHJ signed on
:- 17.02.2020
:- 18.02.2020
:- 18.02.2020
(A.S. Sayyad)
Special Judge (C.B.I.),
City Civil & Sessions Court,
Gr. Bombay.

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BA 120/2020
УCERTIFIED TO BE TRUE AND CORRECT COPY OF THE
ORIGINAL SIGNED JUDGMENT/ORDERФ
UPLOAD DATE AND TIME
18.02.2020 (12.35 p.m.)

NAME OF STENOGRAPHER
MRS. K.Y. INAMDAR
(STENOGRAPHER)
Name of the Judge
(with Court Room No.)
Date of
ORDER
Pronouncement
Shri A.S. Sayyad
C.R. No.52
of
JUDGMENT/
17.02.2020
JUDGMENT/ORDER signed by P. O. on
18.02.2020
JUDGMENT/ORDER uploaded on
18.02.2020