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BA 1880/22
CNR NO.MHCC020102492022
IN THE COURT OF SESSIONS FOR GREATER BOMBAY
BAIL APPLICATION NO.1880 OF 2022
Akash Shivraj Tadolgi
Aged : 26 years, Hindu,
an adult, Indian Inhabitant of
R.No.301, Vishwabharati Bldg.,
Kandarpada, Dahisar (W), Mumbai
AND
Dr. Babasaheb Ambedkar Seva
Society, Hanuman Tekadi, L.M. Road,
Navagaon, Dahisar (w), Mumbai,
Maharashtra 400068.
The State of Maharashtra
(Through Dadar P. Stn.
vide Cr. No.597/2022)
… Applicant / Accused
Versus
… Respondent
Appearance :
Ravi Gupta Advocate for accused
Mr. Mahakal, A.P.P. for respondent.
CORAM : SHRI. S.D. KULKARNI,
ADDITIONAL SESSIONS JUDGE,
COURT ROOM No. 30.
DATED : 12/08/2022.
ORDER
1.
This is an application filed by the accused u/sec.439 of
Criminal Procedure Code for releasing him on bail in connection with
CR.No.597/2022 registered with Dadar Police Station for the
commission of offence u/sec.489(B), 489(C) and 34 of Indian Penal
Code.
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2.
BA 1880/22
It is alleged by the applicant / accused that he has falsely
implicated in the present case as he has not played any role in the
commission of offence. It is falsely mentioned by the prosecution that
fake currency notes of Rs.3,000/ of denomination of Rs.200 and
Rs.100 recovered from him. He was falsely arrested in the case through
fake panchanama. There is no eyewitness who has seen the applicant /
accused while using the fake currency in the market. Applicant /
accused have no criminal history. He is in jail since 26.07.2022
therefore, applicant / accused prayed that he will abide all the
conditions imposed upon him if he released on bail. He will not misuse
the liberty. Hence prayed for grant of bail.
3.
The prosecution opposed the application mainly on a
ground that accused is a residence of Karnataka and he joining hands
with accused Shivkumar Shankar possesses denomination of Rs.100 and
Rs.200 notes taken from him and fake amount of Rs.47,000/ used in
the market. If accused release on bail there are chances of threatening
prosecution witnesses and tampering the prosecution evidence. Accused
is a part of big chain indulged in the business of fake currency. So
offence is serious in nature and needs to be investigated. If accused
release on bail there are chances of flee away from the justice hence,
prayed for rejection of the application.
4.
Perused application and say. Heard both the advocates at
length.
5.
On going through the say filed by the prosecution it reveals
that fake amount of Rs.3,000/ of the denomination of Rs.100 and
Rs.200 currency notes was seized from the possession of this accused.
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BA 1880/22
So this accused has taken the amount of Rs.50,000/ from the accused
Shivkumar Shankar and used the said fake currency in the market.
Therefore, accused was arrested on 26.06.2022, investigation is at
primary stage. According to the prosecution many persons from
Karnataka State and Maharashtra State involved in this racket therefore
detailed investigation is necessary. Investigation is still in progress
therefore, in my opinion apprehension of the prosecution that accused
threatened the prosecution witnesses and flee away from the justice is
not mere apprehension, but there is possibility of accused to flee away
from the justice and threatening to the prosecution witnesses.
Therefore, for detail investigation custodial interrogation is necessary.
Considering this, I pass the following order :
ORDER
1]
Bail Application No.1880 of 2022 stands rejected.
2]
Bail Application No.1880 of 2022 is disposed off accordingly.
SANTOSH
DIGAMBAR
KULKARNI
Date : 12/08/2022.
Dictated on
Transcribed on
Signed by HHJ on
: 12.08.2022
: 17.08.2022
: 19.08.2022
Digitally signed
by SANTOSH
DIGAMBAR
KULKARNI
Date:
2022.08.22
15:47:04 +0530
( S.D. KULKARNI )
Additional Sessions Judge,
Gr. Mumbai.
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BA 1880/22
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED ORDER.”
20/08/2022
11.00 a.m.
UPLOAD DATE
TIME
J.S. Chavan
NAME OF STENOGRAPHER
Name of the Judge (With Court H. H. Additional Sessions Judge Shri.
Room No.)
S.D. Kulkarni,
Court Room No. 30.
Date of Pronouncement of ORDER 12/08/2022
ORDER signed by P.O. on
19/08/2022
ORDER uploaded on
20/08/2022