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B.A.1194/24
MHCC020073452024
IN THE COURT OF SESSION FOR GREATER BOMBAY
CRIMINAL BAIL APPLICATION No.1194 OF 2024
Satish Shivaji Chhallare
Aged 45 years, Occ : Residing at Pralhad Patil Chawl,
R.No.3, Patharli Road, Gograsswadi,
Opp. Hotel Royal Garden, Dombivali (E),
Kalyan, Thane, Maharashtra 421201.
….Applicant
– Versus The State of Maharashtra
(At the instance of Cyber Police Station
East Region, C.R.No.73/2023)
.… Respondent
Appearance :Adv. Firoza A. Shaikh for the Applicant/accused.
APP Iqbal Solkar for the State present.
CORAM : RAJESH A. SASNE,
ADDITIONAL SESSIONS JUDGE,
COURT ROOM No. 30.
DATED : 07/05/2024
ORDER
This is bail application filed by the accused u/sec.439 of
The Criminal Procedure Code for releasing him on bail in connection
with C.R.No.73/2023 registered with Cyber Police Station, East Region
Mumbai for the commission of offences punishable u/sec. 420, 465,
468, 120(B) of The Indian Penal Code and Section 66(D) of the
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B.A.1194/24
Information Technology Act, 2000
2.
It is the contention of the applicant / accused that he is
innocent and falsely implicated in the present case. The accused is
arrested on 01.01.2024. The applicant / accused submits that he has
undergone custodial interrogation. The investigation is completed.
Charge-sheet is filed. The applicant is the only earning member in the
family. There is no point in keeping the accused behind bars till
conclusion of trial. There is no criminal antecedents against the
accused. He is the permanent resident of his given address therefore he
prayed for releasing him on bail.
3.
The prosecution opposed the application by filing reply
vide Exh.2. It is the contention of the prosecution that if the accused is
released on bail there are chances that he may flee away from justice. If
the accused is released on bail there are chances of threatening of
prosecution witnesses and tampering of prosecution evidence. Hence,
prosecution prayed for rejection of the application.
4.
Read the application, say filed by the prosecution. Heard
the ld. Advocate for the applicant, ld. APP for the respondent / State.
5.
I have gone through the application, reply, documents filed
on record. It is the case of the prosecution that the informant Sahid Beg
Mirza R Beg was contacted by one Simran by telegram account. She
induced the informant to download Forex Exchange Trading APP and
also induced to deposit amount in various bank account as investment.
Lateron it was revealed that the informant is duped to the tune of
Rs.42,17,093/-. Accordingly, the offence is registered and investigation
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B.A.1194/24
is proceeded. The applicant / accused has been arrested on 01.01.2024.
It is alleged that from the possession of the applicant various bank
passbook of various bank accounts, Debit Cards were recovered. It is
alleged that the applicant is beneficiary of Rs.4,50,000/-. The charge
sheet is already filed. Investigation related with the accused appears to
have been completed. Since 01.01.2024 he is behind bars. Further
incarceration is unwarranted. If reasonable conditions securing his
presence are imposed, he will be entitled for the bail. Hence, I pass the
following order :
ORDER
1.
Criminal Bail Application No.1194 of 2024 is allowed.
2.
Applicant / accused Satish Shivaji Chhallare arrested in Crime
Number 73/2023 registered at Cyber Police Station, East Region,
Mumbai for the commission of offences punishable u/sec. 420, 465,
468, 120(B), of The Indian Penal Code, Section 66(D) of the
Information Technology Act, 2000 be released on bail on furnishing P.B.
and S.B. of Rs.25,000/- with one or two sureties.
3.
The applicant / accused shall not tamper with the prosecution
witnesses and evidence in any manner.
4.
The applicant / accused shall regularly attend the concern police
station on 4th Saturday of every month between 11:00 am. to 02:00
p.m. till filing of the charge-sheet.
5.
Provisional cash bail in the like amount is allowed. The accused
shall furnish surety within one month from the date of release from jail
failing which the cash bail shall stand forfeited without any separate
order to that effect.
6.
The applicant / accused shall not leave India without prior
permission of the Court.
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7.
B.A.1194/24
Bail before the jurisdictional court.
RAJESH
ANIRUDDHA
SASNE
Date : 07/05/2024
Dictated on
Transcribe on
Signed by HHJ on
: 07.05.2024
: 09.05.2024
: 10.05.2024
Digitally signed by
RAJESH
ANIRUDDHA SASNE
Date: 2024.05.10
13:45:52 +0530
( RAJESH A. SASNE)
Additional Sessions Judge,
Gr. Mumbai.
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B.A.1194/24
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
ORDER.”
10/05/2024
1.34 p.m.
UPLOAD DATE
TIME
J.S. Chavan
NAME OF STENOGRAPHER
Name of the Judge (With Court H. H. Additional Sessions Judge Shri.
Room No.)
R.A. SASNE, Court Room No. 30.
Date of Pronouncement of ORDER 07/05/2024
ORDER signed by P.O. on
10/05/2024
ORDER uploaded on
10/05/2024