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MHCC020069512024
IN THE COURT OF SESSIONS FOR GREATER MUMBAI AT MUMBAI
CRIMINAL BAIL APPLICATION NO. 1117 OF 2024
Mr. Rajan Sham Gulhane
Age : 46 years, Occ. Business,
R/at : B/8, 1st floor, Van Vihar CHS,
Kopari Gav, Kopari Colony,
Near Police Line, Thane.

…Applicant/accused
Vs.
The State of Maharashtra
(Through Tilak Nagar
Police Station, Mumbai)
…Respondent
Appearance :Adv. Mr. Raj Jain for the Applicant.
APP Mr. Iqbal Solkar, for the Respondent/State.
CORAM : H. H. THE ADDL. SESSIONS JUDGE,
SHRI A.A. KULKARNI (C.R. NO.22)
DATED : 16th May, 2024.
(ORAL ORDER)
(Dictated and pronounced in the open Court)
This is an application under Section 439 of Cr. P.C. for
anticipatory bail. Heard Ld. Advocate for applicant and Ld. APP for the
State. Perused the application, say and documents on record.
2.

The Ld. Advocate for applicant submitted that applicant is
arrested by Tilak Nagar police in connection with Crime No.750/2023
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for the offence punishable u/s 420, 447, 465, 467, 468 and 471 of IPC.
It is further contention that applicant has not committed any offence.
He is falsely implicated in this case by police. Applicant has not made
any representation before any Government Authority, nor any person.
He has not fabricated documents about land alleged involved in this
Case. He has not done any transaction in respect of property. It is
further contention that charge-sheet is filed before Ld. Metropolitan
Magistrate and there is no specific role attributed to the present
applicant. Applicant is arrested only on the basis that, his brother is
accused. Therefore, there is no purpose for his detention as nothing is to
be recovered at his instance. Therefore, prayed for grant of bail.
2.

Ld. APP and investigating officer opposed application. It is
their contention that if, applicant is released on bail there is possibility
of tempering evidence of prosecution. It is contention that, amount of
Rs. 30 lakhs it is yet to be recovered. Documents are also yet to be
recovered. Hence, prayed for rejection of application.
3.

In view of submissions from both sides and going through
the allegation in FIR and other documents on record.

Offence is
registered against applicant and other accused on the basis of
information of informant Shri. Aananda Maruti Patil Police Head
Constable. As per his allegation at Chembur survey No. 320, CTS No.
623(B)/1 to 7, CTS No. 661 is land their office of ACP Deonar is
situated and there is some open space. On 16.05.2023 applicant filed
application to police and informed that in the above said plot someone
committed encroachment, dispute is pending between Government of
Maharashtra and Government of India (Soult department). Applicant
claimed that property belongs to him and he fixed board above it on the
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said plot. During inquiry it revealed that applicant forged documents
about ownership of the plot and committed forgery and on the basis of
forged documents he claimed ownership on the plot. During hearing,
investigating officer shown me copy of authenticated documents of the
plot as well as copy of forged documents prepared by accused. Further
there are allegations that on the basis of forged documents applicant
and other accused received amount from other persons. Now
investigation is completed and charge-sheet is filed against applicant
before Ld. Metropolitan Magistrate. During investigation statements of
witnesses are recorded. 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.1117 of 2024 is allowed.

2.

Applicant/accused Mr. Rajan Sham Gulhane 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.750/23 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
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 prior permission
of the Court.

6.

Bail before learned Court below.

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7.

Criminal Bail Application No.1117 of 2024 stands disposed off
accordingly.

Date : 16.05.2024
Digitally
signed by
AJAY ANIL
KULKARNI
Date:
2024.05.16
16:16:09
+0530
(A. A. Kulkarni)
Additional Sessions Judge,
Sessions Court,
Gr. Bombay (C.R.No.22)
Directly dictated on computer on : 16.05.2024
HHJ signed on
: 16.05.2024
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
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Mrs. Manasi Kadam
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Date of Pronouncement
JUDGMENT /ORDER
HHJ SHRI. A. A. KULKARNI (CR 22)
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