BA 667/22
1
ORDER
IN THE COURT OF SESSIONS FOR GREATER BOMBAY
AT MUMBAI
CRIMINAL BAIL APPLICATION 667 OF 2022
(CNR NO.: MHCC020038732022 )
Namdev Dattaram Maine
Age: 36 Yrs,
R/at. Behind BMC School,
Galli No. 105, Room No. 4,
Kamraj Nagar, Ghatkopar (W)
… Applicant/Accused
V/s.
The State of Maharashtra,
( At the instance of Pant Nagar
Police Station vide C.R.No.699/21)
… Respondent/State.
Appearance:
Shri. Samadhan Sulane, Advocate for the applicant/Accused.
Smt. Seema Deshpande, Addl. PP for the State/respondent.
CORAM : H.H. THE ADDL. SESSIONS JUDGE
DEEPAK L. BHAGWAT (C.R.60)
DATE : 28.03.2022
ORDER
1.
Vide present application under Section 439 of Code of
Criminal Procedure, the applicant requested to release him on bail in
Crime No. 699 of 2021 registered at Pant Nagar Police Station for
offences punishable under Section 420 of Indian Penal Code.
2.
The prosecution alleges that on 20.11.2021 the accused by
misrepresenting the informant that he proposes to make the golden
BA 667/22
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ORDER
chain exactly the same that is with the informant and induced her to
deliver the chain for perusal but did not deliver back the same to the
informant and taken the same with him and thus committed cheating.
3.
The learned advocate on behalf of the accused argued that
chargesheet has been filed as investigation is completed. Therefore, he
requested to allow the application. On the other hand, the learned APP
argued that there is material showing involvement that the applicant
committed cheating. Therefore, she requested to reject the application.
4.
It appears that the golden chain that was taken from the
informant was converted in the form of golden ingot. The same golden
ingot has been seized. Thus, the stolen property has been recovered.
Investigation has been completed and chargesheet has been already
filed. The matter being of 2022 it is not likely that the trial will start in
immediate future. Detaining the accused for indefinite period without
adjudication of trial is not proper since it may amount to pretrial
conviction. The offence is punishable with imprisonment extending to 7
yrs and triable by the Metropolitan Magistrate. Considering all these
circumstances, it is appropriate to grant bail subject to certain
conditions. Hence, order as follows is passed:
:ORDER:
1. The Bail Application No.667 of 2022 is allowed as under.
2. The applicant accused namely Namdev Dattaram Maine be released
on bail on executing personal bond of Rs.15,000/ and one or two
solvent sureties of the same amount in Crime No. 699 of 2021
registered at Pant Nagar Police Station.
3.
Cash security of Rs.15,000/ is permitted provisionally for the
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ORDER
period of 1 month in lieu of the surety bond.
4.
The accused shall submit a list of atleast 3 blood relatives with
their detailed residential addresses and also the addresses of their place
of work if any, and documentary proof of showing the correctness of the
details provided by them.
5.
The accused and the surety shall inform the police authorities as
well as the trial court, the change of their residential address while the
accused is on bail.
6.
The accused shall submit copies of at least 2 documents amongst
the Pan Card, Adhar card, Ration card, Electricity Bill, Voter ID card
issued by the election commission or the documents in respect of
immovable properties owned by him.
7.
After submission of the documents as mentioned above, the
Investigating Officer shall conduct physical verification of the residential
address so as to confirm the address appearing on those documents.
8.
The accused shall not make any inducement or threat 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 or tamper with
the evidence.
9.
Conditions No. 4 to 7 shall be complied with simultaneous to the
furnishing of the cash security or the surety bond whichever is earlier.
10.
Bail before the Court of Metropolitan Magistrate.
Digitally signed
by DEEPAK
LAXMANRAO
DEEPAK
BHAGWAT
LAXMANRAO
Date:
BHAGWAT
2022.04.01
11:45:31
+0530
Dictated on
Transcribed on
Date of sign
: 28.03.2022
: 29.03.2022
: 01.04.2022
(Deepak L. Bhagwat)
Addl. Session Judge
Sessions Court,
Mumbai. C.R. 60
BA 667/22
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ORDER
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER”
01.04.2022, 12.10pm
UPLOAD DATE AND TIME
Mrs. Revati V. Kadam
NAME OF STENOGRAPHER
Name of the Judge (with Court Room
No.)
HHJ Deepak L. Bhagwat,(C.R.No.60)
Addl. Judge.,City Civil & Sessions Court,
Date of pronouncement of /Order
28.03.2022
Order signed by P.O. on
01.04.2022
order uploaded on
01.04.2022