MHCC020065012024
IN THE COURT OF SESSIONS FOR GREATER MUMBAI,
AT MUMBAI
CRIMINAL BAIL APPLICATION NO. 1039 OF 2024
Justin Pesi Pandole
Aged 42 years, Occ. : Service,
R/at : A wing, Flat No. 301,
Varun Co-Op Hsg. Society Ltd.,
1054, J. P. Road, Versova,
Andheri (W), Mumbai 61.

… Applicant/accused
Vs.
The State of Maharashtra
(Tilak Nagar Police Station)
… Respondent
Appearances :Mr. Sundeep Singh, Ld. Adv. for applicant.
Mrs. R. E. Budhawant, Ld. SPP for State/respondent.
CORAM : H. H. THE ADDL. SESSIONS JUDGE,
SHRI A. A. KULKARNI (C.R. NO.22)
DATED : 29th April, 2024
ORDER
This is an application under Section 439 of Cr.P.C. for bail.
Heard Ld. Advocate for applicant and Ld. APP for the state. Perused
application, say and other documents on record.

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BA 1039/24
It is contention of the applicant that the applicant is
arrested by Tilak Nagar Police Station, Mumbai in connection with
crime no. 40/2024 for the offence punishable u/secs. 395, 392, 170,
120(b), 201 r/w sec. 34 of IPC and Sections 3, 25 of Indian Arms Act. It
is contention of applicant that applicant is falsely implicated in this
case. There is no any recovery at the instances of applicant. Applicant is
implicated only on the basis of car which is owned by the wife of
applicant. From the say of prosecution there is no need of further
custody of applicant. Applicant is suffering form Agoraphobia and panic
disorder since years 2018, due to which he has not been able to survive
in crowd. Applicant is bread earner of his family. He is ready to
co-operate with police. Applicant is permanent resident in Mumbai.
Applicant is in judicial custody since 18.02.2024. Therefore, there is no
need of further custodial interrogation of applicant. Applicant has not
criminal antecedents. Applicant is ready to abide any conditions
imposed by this Court. Hence, prayed for grant of bail.
3.

Ld. APP and IO opposed the application. It is their
contention that investigation is preliminary stage. Amount of more than
50 Lakh is involved and Rs. 30,54,000/- is yet not seized in this case.
Accused Vijay Rasal is not yet to be arrested. From the CC TV footage
and statement of witnesses presence of applicant is noticed at relevant
time on the spot of incident.

As per the allegations of prosecution
applicant is involved in conspiracy of the offence. If applicant is released
on bail, he will abscond. Hence, prayed for rejection of application.
4.

In view of submissions from both sides and on perusal of
first information report,
incident occurred on 16.01.2024 at about
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BA 1039/24
11.00 am at Amar Mahal Junction Bridge, Chembur, Mumbai. At
relevant time informant Pankaj Singh was traveling in car with driver
Vinod More. At that time he was having cash of Rs.1,50,000/- with him
as well as office employee Mr. Dhiraj Wadhwan. At relevant time other
accused represented him as CBI officer and taken away bags from the
car and asked them to come CBI Office with them. When they went to
CBI Office at BKC they came to know that by personification some one
taken away bags with them. In such circumstance, previous application
filed by the applicant was rejected on the ground that investigation was
pending.
against
Now investigation is completed and charge-sheet is filed
applicant
before
Ld.

Metropolitan
Magistrate.

During
investigation statements of witnesses are recorded similarly weapon and
other articles are seized and collected. No thing is seized at the instance
of the applicant. From the say of prosecution it is clear that remaining
recovery if any is from absconding accused. In such circumstances
further detention of applicant is not required. In view of protecting
interest of prosecution by imposing conditions application may be
released on bail. Hence I pass following order:ORDER
1.

Criminal Bail Application No. 1039 of 2024 is allowed.

2.

Applicant/accused Justin Pesi Pandole be released on bail on his
furnishing P.R. and S.B. Bond of Rs.25,000/- along with one or
more sureties in the like amount in connection with C.R.
No.40/24 registered with Tilak Nagar police station.

3.

Applicant/accused shall furnish his residential address proof and
contact numbers to Investigating Officer.

4.

Applicant/accused shall not directly or indirectly, make any
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BA 1039/24
inducement, threat or promise to any person acquainted with the
facts of the case so as to dissuade him from disclosing such facts
to the Court or to any Police Officer.
5.

Applicant/accused shall not leave India without previous
permission of the Court.

6.

Bail before learned Court below.

7.

Criminal Bail Application No.1039 of 2024 stands disposed off
Digitally
signed by
AJAY ANIL
KULKARNI
Date:
2024.04.30
16:18:51
+0530
accordingly.

Date : 29.04.2024
(A. A. Kulkarni)
Additional Sessions Judge,
Sessions Court,
Gr. Bombay (C.R.No.22)
Directly dictacted on computer : 29.04.2024
HHJ signed on
: 29.04.2024
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BA 1039/24
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
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