COURT 10 ADDL SESSIONS JUDGE
Case No. :CRI BAIL APPLN/0101030/2024
Jyoti Krishna Vise Vs The State of Maharashtra Azad Maidan Police Station
Date : 23-04-2024
Business
: Adv. Kiran Varma a/w Adv. Avinash Durgoli for applicant
present. APP Shri. Ajit Chavan for State/respondent present. PI
Mr. Mane a/w WPC 091319 attached to Azad Maidan Police
Station present. Prosecution filed reply. Taken on record.
Exh.02. Heard both sides. Order below Cri. Bail Application
No.1030/2024 This is the application for bail under section
439 of the Code of Criminal Procedure, 1973 in connection
with C.R.No.359 of 2021, registered with Azad Maidan Police
Station for offences punishable under sections 420, 465, 467,
468, 471, 34 of the Indian Penal Code, 1860. Heard Mr. Kiran
Varma, Ld. Adv. for Applicant, Shri. Chavan, Ld. APP and IO
Mr. Mane Present applicant is alleged to have assisted accused
namely David John Lincon, an UK national, to obtain OCI
Card in favour of said David. It is alleged that, the present
applicant and David prepared a false marriage certificate, so as
to facilitate OCI Card in favour of David. Ld. Adv. for
applicant submits that applicant is a widow and surviving at
Goa by doing domestic work and household jobs. She has no
relative, no children and as such she is an orphan. It is
submitted that the similarly situated accused namely Shanti
Surendra Naik is already released on bail by Ld. Predecessor
of this court vide order dtd. 19.05.2023 in BA No.1040 of
2023. Ld. Adv. ultimately prays to grant the bail on minimum
surety. He further assures that, applicant would not flee away
and attend the trial. Per contra, Mr. Chavan, Ld. APP objects
the application by filing reply. PI Shri. Mane attached to Azad
Maidan police station is also present. It is submitted that the
present applicant was absconding for last 2 and half years and
ultimately she came to be arrested recently on 21.03.2024. It is
submitted that the applicant with all knowledge has
participated in the offence. Ultimately Ld. APP prays to reject
the application. The FIR is dtd.04.08.2021. The person with
whom, the applicant had undergone the fraudulent marriage
namely Danial Harris is reported to have died. The co-accused
namely Shanti Naik, was facing similar allegations as that of
present applicant, is already released on bail. It is informed
that, the charge-sheet is already filed against co-accused
Shanti Naik. In view of the above, I find that, the law of parity
would help the present applicant. It appears that, practically
investigation against present applicant is over and therefore, I
am inclined to grant bail. Hence the order – 1. The Crimical
Bail Application No.1030/2024 is allowed. 2. The applicant
namely Jyoti Krishna Vise, be released on bail in connection
with C.R. No. 359 of 2021, registered with Azad Maidan
Nature of Disposal
Police Station, Mumbai for the offences punishable under
Sections 420, 465, 467, 468, 471, 34 of the Indian Penal Code,
on her executing PR and SB of Rs.10,000/- (Twenty Ten
Thousand only). 3. Applicant to attend Azad Maidan Police
Station soon after her release from jail (next day of her release
from jail) and thereafter, as and when called by Investigating
Officer till filing of the chargesheet or for next two months,
whichever occurs earlier. 4. The provisional cash bail of
Rs.10,000/-(Rupees Ten Thousand only) is allowed for a
period of eight weeks from today. 5. Applicant to tender her
identity and address proof with the Investigating Officer
within 8 weeks from today. 6. Breach of any condition shall
entail the consequence of cancellation of the bail. 7. The Cri.
Bail Application No.1030 of 2024 is disposed of accordingly.
: ALLOWED