B.A.544/2024
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MHCC020036412024
IN THE COURT OF SESSIONS FOR GREATER BOMBAY
AT BOMBAY
CRIMINAL BAIL APPLICATION NO.544 OF 2024
IN
C.R.NO.330 OF 2022
Mr. Rajesh Pandurang Chikne
Indian Inhabitant, Occ-Business,
Residing at Shivshai Co-op.Hsg.
Society, 5th Floor, Near Harmani
Park, Hariom Nagar, Dist : Thane
(In Taloja Jail)
…Applicant
Vs.
The State of Maharashtra
(Through Navghar Police
Station, Mumbai)
CORAM:
…Respondent
HH THE ADDL.SESSIONS JUDGE
SHRI. V. M. SUNDALE
(Court Room No.27)
DATE : 11th March 2024
Shri Govind Singh, learned advocate for applicant.
Ms. Ratnavali Patil, learned APP for State/Respondent
ORDER
01.

The applicant Mr. Rajesh Pandurang Chikne has filed this
application under Section 439 of the Code of Criminal Procedure for
granting bail in connection with Crime No. 330/2022 registered with
B.A.544/2024
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Navghar Police Station, Mumbai for the offences punishable under
Sections 420, 467, 465 and 471 of the Indian Penal Code on the
allegations
that
the
applicant
induced
the
informant
to
pay
Rs.44,00,000/- by promising to give flat under MMRDA scheme and
cheated him.
02.

The investigating officer through learned A.P.P, filed reply
(Exh.2) and opposed the application. It is contended that the applicant
cheated the informant and witness by promising to give flat under
MMRDA scheme and induced them to pay Rs.44,00,000/-. The
applicant has also forged documents of flat and used the same as
genuine for the purpose of cheating. The said fact transpired after
correspondence with the MMRDA. The applicant did not cooperate with
the investigation. According to the investigating officer in such
circumstance, if the applicant released on bail there is possibility of
pressurizing the prosecution witnesses and fleeing away from justice.
Hence, the investigating officer prayed to reject the application.
03.

Heard Shri Govind Singh, learned advocate for the
applicant and Ms. Ratnavali Patil, learned APP for the prosecution.
04.

I have carefully gone through record with reference to
submission of both the sides. It appears that after registration of an
offence the Investigating Officer arrested the applicant on 10.05.2013
and produced before the Magistrate. The applicant was remanded to
police custody till 15.05.2023 and thereafter taken him in judicial
custody. Nothing could be recovered from the applicant in the course of
police custody. The investigation of the offence is already completed
and charge sheet is filed. The presence of the applicant is not necessary
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for any purpose. In the same manner nothing is place on record
regarding past criminal antecedent of the applicant. The investigating
officer opposed the application mainly on the ground that if the
applicant released on bail there is possibility of pressurizing the
prosecution witnesses and fleeing away from the justice. However, the
applicant is local resident and he is ready to furnish surety as per order
of the Court. The offence is not punishable with death. The applicant is
behind bar from last more than 10 months. There are no extra ordinary
circumstances to keep the applicant behind bar for indefinite period.
The apprehension placed on record can be taken care of by imposing
certain conditions. In the facts and circumstances of the case the
applicant is entitled to release on bail. Hence, the following order is
passed.
ORDER
1.

Criminal Bail Application No.544 of 2024 is allowed.

2.

The applicant Rajesh Pandurang Chikne be released on bail in
Crime no.330/2022 registered in Navghar Police Station for the
offences under Section 420, 467, 465 and 471 of the Indian Penal
Code on his executing P.R.Bond of Rs.50,000/- (Rupees Fifty
Thousand) with one or two sureties of the like amount.

3.

The applicant and his surety shall provide their respective mobile
numbers, e-mail address and documents pertaining to place of
residence.

4.

The applicant shall not directly or indirectly make any
inducement, threat or pressurize any person acquainted with the
facts of the present case so as to dissuade him from disclosing
such facts to the Court.

5.

The applicant shall not leave India without prior permission of
the Court.

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6.

The applicant should not repeat such offence in future.

7.

Provisional cash bail in the like amount is allowed. The applicant
shall furnish surety within four weeks from the date of release
from jail, failing which the cash bail shall stand forfeited without
any separate order.

8.

Breach of any conditions by the applicant shall result in
cancellation of bail.

9.

Bail before learned Metropolitan Magistrate Court.

10.

Thus, Criminal Bail Application No.544 of 2024 stands disposed
of.

11/03/2024
(V. M. Sundale)
Addl. Sessions Judge,
City Civil & Sessions Court,
Gr. Mumbai
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CERTIFIED TO BE TRUE AND CORRECT COPY OF THE
ORIGINAL SIGNED JUDGMENT/ORDER.”
Upload Date
Upload Time
11/03/2024
5.25 p.m.

Name of Stenographer
Mrs. M.S. Putta
Name of the Judge (With C.R. No.)
Date
of
Pronouncement
JUDGEMENT /ORDER
HHJ Shri V.M.Sundale (C.R.No. 27)
of
11/03/2024
JUDGEMENT /ORDER signed by P.O.
on
11/03/2024
JUDGEMENT /ORDER uploaded on
11/03/2024