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Cri.BA 1123-24
MHCC020069292024
IN THE COURT OF CITY CIVIL AND SESSIONS AT GRATER BOMBAY
COURT ROOM NO.23
(Presided over by Shri N. P. Tribhuwan, Additional Sessions Judge)
CRIMINAL BAIL APPLICATION NO.1123 OF 2024
Applicant/accused :
Sudhir Raghavendra Nayak
Age 45 years, Occu. Service, Temporary
Address : 117, Panch Shela Nagar Anand
Wadi, Salt Paint Road, Wadala, Mumbai400037
Permanent Address : Room No.4, Darogha
Singh Chawl, Jawahar Nagar, Pine Line,
Dhobighat, Khar (E), Mumbai-400 051
VERSUS
Respondent/Prosecution The State of Maharashtra,
Through Pydhonie Police Station
Mr. Mahendra Patnekar, learned Advocate for Accused.
Mrs. Ranjana Budhwant, learned APP for the State.
ORDER
(Delivered on 06/05/2024)
This is an application under Section 439 of Cr.P.C. for
releasing accused Sudhir Raghavendra Nayak on bail in Crime
No.347/2024 for the offences punishable under Sections 420, 465, 467,
471, 474 of the Indian Penal Code registered with Pydhonie Police
Station, Mumbai.

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2.

Cri.BA 1123-24
Heard learned Counsel for accused and learned APP for the
State. Perused Bail Application, say/reply and other documents filed by
applicant.
3.

It is case of prosecution that informant Nirajkumar Malkit
Singh, a Senior Manager of Union Bank of India, Branch Mumbai AR
Street has lodged complaint/report in Pydhonie Police Station on
16.04.2024. He alleged that on 05.04.2024 at about 2.00 p.m. while he
was discharging his duty in the Union Bank of India, one person came
and filed application for issuing new cheque book. The said application
was on the letterhead of S. T. G. Enterprises. The said application was
received by the clerk Amit Nikam from the said person. Thereafter,
within half hour, another person came in the bank and he inquired
whether cheque book of the S.T.G. Enterprises is ready ? Thereafter the
clerk told him that just few minutes another person from your company
came and applied for the cheque book and how it is possible to issue
cheque book immediately. Thereon the said person stated that except
himself nobody from his company came for receiving the cheque or
applying for cheque book. Therefore, the clerk has shown the
application given by the first person. After seeing the said application
the second person of the S.T.G. Enterprises stated that the said
application is duplicate and it is not sent by the S.T.G. Enterprises.
Hence, the informant has not issued the cheque book to the second
persons and asked him to bring the proprietor of the company to receive
the cheque book.
4.

Thereafter on 16.04.2024 at about 2.30 p.m. one person
came in the bank and given application on the letterhead of S.T.G.
Enterprises for the cheque book. The complainant has doubt on the said
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Cri.BA 1123-24
person and hence, complainant has made phone call to the proprietor of
S.T.G. Enterprises and stated about the said person. The informant has
kept the said person in the custody of security guard. Thereafter,
Debendu Sukumar Manna a Accountant of the company and Jayendra
Laxman Baikar a Manager came in the bank and they told that the said
person is not from their S.T.G. Enterprises and the said letterhead,
signature and seal on it are false and fabricated. Thereafter, the said
person was given in the custody of police. On inquiry, he told his name
Sudhir Raghvendra Nayak i.e. present applicant.
5.

Learned Counsel for accused/applicant argued that accused
is in jail from 16.04.2024. The investigation is as good as completed. No
further custody of accused is required. The alleged documents are
recovered from the accused.
6.

Prosecution has filed say/reply at Exh.3. According to
prosecution, during investigation accused has admitted that he has
committed the said offence. The mobile phone, PAN Card, ATM Card
Greater Bank, application for cheque book in the name of S.T.G.
Enterprises, a paper on which the signatures are made for trial/practice
and the seal of various companies found in possession of accused. Now
the investigation remained to be carried out from whom the accused
has get prepared seal and letterhead. The sample signature of accused
remained to be obtained for the examination through hand writing
expert. If accused is released on bail he will abscond and will tamper
prosecution evidence.
7.

Taking into consideration the rival contention of parties,
offense is not punishable with life imprisonment or death sentence.
Accused is in jail from 16.04.2024. Accused has no criminal antecedent.

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Cri.BA 1123-24
Investigating Officer has already recovered the alleged fabricated
application, seal and letterhead etc. In view of above facts and nature of
the offense, I am of the opinion that by imposing reasonable conditions,
accused can be released on bail. Thus, in view of above facts, it is
desirable to release accused on bail. Hence, following Order.
ORDER
1. Criminal Bail Application No.1123 of 2024 is allowed as
under.
2. Accused Sudhir Raghavendra Nayak be released on bail in
Crime No.347/2024 for the offences punishable under Sections
420, 465, 467, 471, 474 of the Indian Penal Code, registered with
Pydhonie Police Station, Mumbai, subject to conditions :
i) Accused shall execute a Personal Bond for the sum of
Rs.20,000/- and shall furnish one or more sureties in the like
amount.
ii) Accused shall not tamper with any of the prosecution
witnesses, directly or indirectly.
iii) Accused shall co-operate with the Investigating Officer in
investigation.
iv) Accused shall attend the concerned Police Station on every
alternate Monday between 10.00 a.m. to 1.00 p.m. for a period of
three months or till filing of charge-sheet, whichever is earlier.
v) Accused shall inform his latest place of residence and mobile
number immediately after being released and/or change of
residence or mobile details, if any from time to time to the
Investigating Officer.
vi) Accused shall appear before the Court regularly on the given
dates.

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Cri.BA 1123-24
vii) Bail be furnished before learned trial court.

Date : 06.05.2024.

NITIN
PUNJAJI
TRIBHUVAN
Digitally signed
by NITIN
PUNJAJI
TRIBHUVAN
Date: 2024.05.07
11:28:08 +0530
(N.P. Tribhuwan)
Additional Sessions Judge,
Cr.No.23, Gr. Mumbai
Direct dictated on :06.05.2024
Checked on
:06.05.2024
Signed on
:06.05.2024
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
07.05.2024 at 11.24 a.m.
UPLOAD DATE AND TIME
Mrs. K.S.Bhosale
NAME OF STENOGRAPHER
Name of the Judge(with CR No.) HHJ SHRI. N. P. TRIBHUVAN
(C.R.No.23)
Date of announcement of Order
06.05.2024
Order signed by P.O. on
06.05.2024
Order uploaded on
07.05.2024