ABA 897/2024
1
DATE: 06/05/2024
MHCC020057632024
Presented on
Registered on
Decided on
Duration
: 06-04-2024
: 06-04-2024
: 06-05-2024
: 1M
IN THE COURT OF SESSIONS FOR GREATER BOMBAY AT BOMBAY
( Court No.17 )
(Presided Over by SHRI S.N.PATIL)
CRIMINAL BAIL APPLICATION NO. 897 OF 2024
Sanjay Prabhakar Raste,
Age: 34 years, Occ: Private Worker,
R/at: Room No.126, Ambedkar
Nagar, Bhoiya Saheb Ramabai
Colony, Ghatkopar(East),
Mumbai 400 075
…Applicant/Accused.

V/s.
The State of Maharashtra.
( At the instance of Khar
P.Stn., C.R. No.89/2022)
…Respondent/State.

Appearance:Ld. advocate Mr Sherali Khan for the Applicant/Accused.
Mrs.Ashwini Rayakar Ld. APP for the State/respondent.

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DATE: 06/05/2024
CORAM :
DATE
:
H.H. THE ADDL. JUDGE
SHRI S.N.PATIL (C.R.17)
06/05/2024.

ORDER
1.

This
is
an
application
filed
by
applicant/accused
(hereinafter referred as accused) for bail under Section 439(1) of
Cr.P.C.1973, in crime no.89/2022 under Section 420, 465, 466, 468,
471 of Indian Penal Code registered at Khar Police Station.
2.

Read the application. Perused the reply. Heard both sides.

3.

Facts in brief are as under :The allegation against the accused
demanded Rs.7,50,000/- towards
in
is
informant for
that
accused
engaging him
a service at B.M.C., Mumbai. The allegation against the accused is
that he has prepared appointment letter. The informant was directed to
work under one Kantilal Makwana. He worked under him but he didn’t
get any salary.
The
informant
further stated that the salary will be
deposited in his bank account but he never received the salary or any
permanent job. Therefore, lastly he demanded back Rs.7,50,000/- from
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DATE: 06/05/2024
accused. The accused had given cheque to the informant but the
same were dishonoured. Lastly informant came to know that accused
has cheated him, therefore he lodged report against the accused.
4.

On the basis of the said information, crime bearing No. 89
of 2022 came to be registered against the applicant/accused for the
offence punishable under Section
420, 465, 466, 468, 471
of the
Indian Penal Code. The accused filed anticipatory bail application
No.1328 of 2022 which came to be rejected on 21/06/2022.

The
accused was absconding since 2022 and thereafter he is arrested on
17/03/2024. The accused prayed for bail on following grounds:Written Submissions
5.

Accused submits as under:-The accused is innocent and falsely implicated in
the present case.
-There is delay of three years in lodging the FIR.
-Nothing has been recovered from accused.
-The accused has no authority to grant any
job or to issue any appointment letter.
-The entire case is based on documentary evidence.
-The dispute is civil dispute.

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DATE: 06/05/2024
-The investigation is complete and therefore
accused is entitled to be released on bail.
By making this submission, Ld. Counsel appearing for
accused prayed to release him on bail.
6.

On the contrary, Ld. A.P.P. submits as under:The accused was absconding since the year 2022.

Thereafter he was arrested. One case is filed against the acucsed at Sir
JJ Marg police station under Sections 420, 465, 467, 468, 471 of the
Indian Penal Code. If the accused is released on bail, he will abscond
and will not be available for trial.
By making the above submissions, Ld. APP prayed to reject
the bail application.
Oral Submissions
7.

Accused orally submits as under:-There is delay of three years in filing the FIR.
-Nothing has been recovered from accused.
-Accused is not the beneficiary of the
alleged transaction.
-There is no material on record to suggest that
accused committed forgery.

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DATE: 06/05/2024
By making these submissions, accused prayed to release
him on bail.
8.

Ld. A.P.P. submits as under:-The accused has accepted the amount.
-He is beneficiary of the said transaction.
-His ABA was rejected on 23/06/2022.
-Since inception the intention of the accused
is to cheat the informant.
-The accused has never returned the money.
-The cheques issued by the accused were
dishonoured.
-If released on bail, accused will abscond.
-Since the year 2022, the accused was
absconding and is arrested on 17/03/2024.
By making these submissions, Ld. A.P.P. prayed to reject the
application.
9.

Following points arise for determination, findings thereon,
for the reasons to follow, are as under:POINTS
1.

Whether the applicant/accused has made out prima facie
case for grant of bail?

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2.

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DATE: 06/05/2024
What order?
FINDINGS
1.

In the negative.

2.

As per final order.

REASONS
Point No.1
10.

Considered the submissions advanced on behalf of both
sides. On perusal of FIR, it is specifically mentioned therein that
accused himself demanded Rs.7,50,000/ towards the informant to
engage him in the office of B.M.C. In the report entire
details
are
mentioned as how amount was arranged by the informant.
11.

The
informant in the report also stated that when the
informant came to know that he will not get the job, then he started
demanding amount from the accused. At that time, accused had given
two cheques to the informant, but the cheques were dishonoured.
12.

On going through the reply filed by the prosecution,
it
appears that accused was absconding from the year 2022 and he is
arrested on 17/03/2024. Therefore, if the accused is released on bail,
ABA 897/2024
there
is
7
every
possibility
of
DATE: 06/05/2024
absconding
of
accused.

The investigation is not completed.
13.

It is come on record that appointment letters and medical
letters are fabricated. It shows that since beginning the intention of the
accused is to deceive the informant. Dishonest intention of the accused
is easily seen from his conduct.
14.

The amount involved in the said offence is huge amount.

Detailed investigation is necessary in this case.
15.

Ld. Counsel appearing for accused argued with degree of
vehemence that
liberty of accused cannot be curtailed. However, the
accused has played vital role in the entire transaction.

Thorough
investigation is required in this case and therefore custodial
interrogation of the accused is needed.
16.

Admittedly, the investigation is progress. If the accused is
released on bail, it will affect the investigation. There is no material on
record to show that the allegations made against the accused are false.
The accused has played vital role in the alleged transaction. There is
prima facie material against the accused. The accused has not made
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DATE: 06/05/2024
out case for grant of bail as prayed. Hence, accused is not entitled for a
bail. As such, I answered point No.1 in the negative.
17.

In view of the aforesaid findings to Point No.1 as above, the
application deserves to be rejected. In the result, following order:ORDER
Bail Application No.897 of 2024 stands rejected and
disposed of accordingly.

06/05/2024
Dictated on
Transcribed on
Date of sign
:
:
:
06/05/2024
06/05/2024
06/05/2024
(S.N.Patil)
Addl. Sessions Judge
City Civil & Sessions Court,
Gr. Bombay.

CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”.

08/05/24 at 04.30 pm.

Mrs.Tanushree C.Kamble
Name of the Judge
HHJ SHRI S.N.PATIL
Date of Pronouncement of
judgment/order
06/05/2024
Judgment and order signed by P.O.

06/05/2024
Judgment/order uploaded on
08/05/2024
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DATE: 06/05/2024