B.A.1028/2024
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MHCC020063812024
IN THE COURT OF SESSIONS FOR GREATER BOMBAY
AT BOMBAY
CRIMINAL BAIL APPLICATION NO.1028 of 2024
IN
C.R.NO.43 OF 2024
Vishal Ali Kesari
Aged about 28 years, Occ :
Service, Resident of Flat
No.606, B-Wing, Nakshatra
Primes Bldg, 6th Floor, Tivree
Gaav, Naigaon (E), Palghar,
Maharashtra
…Applicant
Vs.
The State of Maharashtra
(At the instance of Vakola
Police Station,
C.R.No.43/2024)
CORAM:
…Respondent
HH THE ADDL.SESSIONS JUDGE
SHRI. V. M. SUNDALE
(Court Room No.27)
DATE : 02nd May 2024
Shri Sagar Rane, learned advocate for applicant.
Ms. Ratnavali Patil, learned APP for State/Respondent.

B.A.1028/2024
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ORDER
01.

The applicant Vishal Ali Kesari has filed this application
under Section 439 of the Code of Criminal Procedure for granting bail
in connection with Crime No.43/2024 registered in Vakola Police
Station, Mumbai for the offence under Section 420, 406, 504, 506,
120(B) r/w. 34 of the Indian Penal Code, on the allegations that the
applicant and co-accused in furtherance of their common intention
assured the informant to supply mobile handsets in less price,
committed breach of trust and misappropriated Rs.50,00,000/belonging to the informant.
02.

The investigating officer through learned APP filed reply
(Exh.02) and opposed the application. It is contended that the offence is
serious and investigation is in progress. It is further contended that in
the course of investigation it is transpired that certain amount has been
transferred to the account of present applicant. According to the
investigating officer in such circumstances, if the applicant released on
bail, there is possibility of pressurizing the prosecution witnesses,
committing similar offence and fleeing away from justice. Hence, the
investigating officer prayed to reject the application.
03.

Heard Shri Sagar Rane, learned advocate for applicant and
Ms. Ratnavali Patil, learned APP for the prosecution.
04.

I have carefully gone through record with reference to
submission of both the sides. The name and role of applicant is
specifically mentioned in the First Information Report. It is alleged that
co-accused namely Ashfak Ali Shaikh assured to supply mobile handsets
to the informant. The co-accused Ashfak Ali Shaikh also supplied mobile
B.A.1028/2024
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handsets worth Rs.5,90,000/- to the informant. Thereafter the coaccused Ashfak Ali Shaikh accepted Rs.50,00,000/- from the informant
but did not supply mobile handsets as agreed. It is alleged that the
present applicant and other co-accused are partners and running
business under the name ans style of A.S. Enterprises Company. The
investigating officer opposed the application mainly on the ground that
offence is serious and investigation is in progress and if the applicant
released on bail at this stage there is possibility of pressurizing the
prosecution witnesses, committing similar offence and fleeing away
from justice. The record shows that after registration of First
Information Report the investigating officer arrested the applicant on
22/03/2024 and produced before the learned Metropolitan Magistrate.
The applicant was remanded to police custody till 30/03/2024 and
thereafter taken into judicial custody. The applicant is in jail from last
more than one month. The main allegations of accepting Rs.50,00,000/from the informant and not supplying mobile phone are against coaccused Ashfak Ali Shaikh. The learned advocate for the applicant
submits that the present applicant was employee of co-accused Ashfak
Ali Shaikh and he has no concern with the alleged transaction between
the informant and Ashfak Ali Shaikh. The record further shows that the
presence of the applicant is not necessary for any recovery or discovery.
Nothing is placed on record regarding past criminal antecedents of the
applicant. There are no extra ordinary circumstances to keep the
applicant behind bar and complete remaining part of investigation. The
apprehension placed on record by the investigating officer can be taken
care of by imposing certain conditions. In the facts and circumstances of
case, the applicant is entitled to be released on bail. Hence, the
following order is passed.

B.A.1028/2024
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ORDER
1.

Criminal Bail Application No.1028 of 2024 is allowed.

2.

The applicant Vishal Ali Kesari be released on bail in Crime
no.43/2024 registered in Vakola Police station for the offence
under Section 420, 406, 504, 506, 120(B), r/w. 34 of the Indian
Penal Code on his executing P.R.Bond of Rs.25,000/-(Rupees
Twenty-Five Thousand) with one or two sureties of the like
amount.

3.

The applicant and his surety shall provide their respective mobile
numbers, e-mail address and documents pertaining to place of
residence.

4.

The applicant shall not directly or indirectly make any
inducement, threat or pressurize any person acquainted with the
facts of the present case so as to dissuade him from disclosing
such facts to the Court.

5.

The applicant shall not leave India without prior permission of
the Court.

6.

The applicant is directed to attend the Vakola police station once
in a week i.e. on every Tuesday between 11.00 a.m. to 1.00 p.m.
till filing of charge-sheet.

7.

Provisional cash bail in the like amount is allowed. The applicant
shall furnish surety within four weeks from the date of release
from jail, failing which the cash bail shall stand forfeited without
any separate order.

8.

Bail before concern Metropolitan Magistrate Court.

9.

Breach of any conditions by the applicant
cancellation of bail.

shall result in
B.A.1028/2024
10.

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Thus, Criminal Bail Application No.1028 of 2024 stands disposed
of.

Digitally signed
by VIRBHADRA
VIRBHADRA MAHADAPPA
MAHADAPPA SUNDALE
Date:
SUNDALE
2024.05.04
14:52:06 +0530
02/05/2024
Dictated on
: 02/05/2024
Transcribed on : 03/05/2024
Signed on
: 03/05/2024
(V. M. Sundale)
Addl. Sessions Judge,
City Civil & Sessions Court,
Gr. Mumbai
B.A.1028/2024
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE
ORIGINAL SIGNED JUDGMENT/ORDER.”
Upload Date
Upload Time
04/05/2024
3.00 p.m.

Name of Stenographer
Mrs. M.S. Putta
Name of the Judge (With C.R. No.)
Date
of
Pronouncement
JUDGEMENT /ORDER
HHJ Shri V.M.Sundale (C.R.No. 27)
of
02/05/2024
JUDGEMENT /ORDER signed by P.O.
on
03/05/2024
JUDGEMENT /ORDER uploaded on
04/05/2024