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B.A. 930/24
MHCC020058642024
IN THE COURT OF SESSION FOR GREATER BOMBAY
CRIMINAL BAIL APPLICATION No.930 OF 2024
Shashi Kiran T R
Age 35 years, Occ : Business,
Residing at 80, Kakaramanahalli,
Near Water Tank, Bidadi Hobali,
Ganakallum Ramnagar, Karnataka 562109
… Applicant
– Versus The State of Maharashtra
(At the instance of DCB CID, Unit-XI,
Mumbai, vide CR. No.10/2024)
(Corresponding C.R.No.51/2024,
Andheri Police Station)
… Respondent
Appearance :Adv. Ajay Dube for the applicant.
APP Iqbal Solkar for the respondent / State
CORAM : RAJESH A. SASNE
ADDITIONAL SESSIONS JUDGE,
COURT ROOM No. 30.
DATED : 12/04/2024
ORDER
This is bail application by the accused u/sec.439 of The
Criminal Procedure Code for releasing him on bail in connection with
C.R.No.10/2024
registered
with
DCB
CID,
Unit-XI,
Mumbai
(Corresponding C.R.No.51/2024, Andheri Police Station) for the
commission of offences punishable u/sec.420, 465, 467, 468, 471, 472,
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B.A. 930/24
34 of the Indian Penal Code.
2.
It is the contention of the applicant / accused that he is
innocent and falsely implicated in the present case. The accused is
arrested on 30.01.2024. He has undergone custodial interrogation. The
investigation is completed. The applicant / accused is the sole earning
member in the family. There is no criminal antecedents against him.
Therefore, there is no point in keeping accused behind bars till
conclusion of trial. He is the permanent resident of his given address
therefore he prayed for releasing him on bail.
3.
The prosecution opposed the application by filing reply
vide Exh.2. It is the contention of the prosecution that if accused is
released on bail there are chances of flee away from justice. If accused
is released on bail there are chances of threatening of prosecution
witnesses and tampering of prosecution evidence. Hence, prosecution
prayed for rejection of the application.
4.
Read the application, say filed by the prosecution. Heard
the ld. Advocate for the applicant, ld. APP for the respondent / State.
5.
It is the case of the prosecution that Rajesh Shetty was
representing that one Shashi Kiran T.R. (applicant) has received Rs.100
crores and for that purpose to release the said amount he requires to
pay the taxes and to pay some amount to the officers of RBI and
accordingly, he is in need of Rs.20 lakhs. Rajesh Shetty is an agent cum
mediator in the transaction who informed this fact to the informant and
induced the informant to invest lakhs of rupees and offered him good
returns thereon. The investors were induced to pay Rs.20 lakhs and get
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B.A. 930/24
returns of Rs.100 crores. The police on the basis of this information
arrested Rajesh Shetty and other accused. From the possession of the
Rajesh Shetty certain documents of Zink Metal Corporation agreement,
report, testing reports, Certificate of RBI, Cheque book, pass book were
recovered. According to the prosecution the reports, agreements are
forged documents. Said Shashikiran T.R. – applicant is also arrested on
30.01.2024.
6.
It is the case of the prosecution that accused Rajesh Shetty
informed that the documents are in the name of the present applicant.
It is alleged that all the accused with the help of Ravikumar created all
these false documents. From the possession of the applicant, the mobile
handset, SIM Card, PAN Card have been recovered. The applicant /
accused has been arrested on 30.01.2024. Since then he is behind bars.
The investigation is completed. Charge sheet is already filed. I have
gone through the statement of witnesses. Pre-trial incarceration is
unwarranted. If reasonable conditions securing presence of accused are
imposed he will be entitled for the bail. Hence, I pass the following
order :
ORDER
1]
Bail Application No.930 of 2024 is allowed.
2]
Applicant / Accused Shashi Kiran T R arrested in CR.No.10/2024
registered with DCB CID, Unit XI (Corresponding C.R. No.51/2024,
Andheri Police Station) for the commission of offences punishable under
Section 420, 465, 467, 468, 471, 472, 34 of the Indian Penal Code be
released on bail on furnishing P.B. and S.B. of Rs.30,000/- with one or
two sureties
3]
The applicant / accused shall not tamper with the prosecution
witnesses and evidence in any manner.
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4]
B.A. 930/24
The applicant/accused shall attend every date of the case till
conclusion of trial unless exempted specifically.
5]
The applicant / accused shall furnish details of his contact
number and current address to the concerned investigation officer. He
shall undertake to intimate to the concern Investigation Officer / Court
if, there is any change in such details in future.
6]
The applicant / accused shall not leave India without prior
permission of the Court.
7]
Bail before the learned Trial Court.
Date : 12/04/2024
Dictated on
: 12.04.2024
Transcribed on
: 15.04.2024
Signed by HHJ on : 19.04.2024
( RAJESH A. SASNE )
Additional Sessions Judge,
Gr. Mumbai.
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B.A. 930/24
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
ORDER.”
19/04/2024
5.36 p.m.
UPLOAD DATE
TIME
J.S. Chavan
NAME OF STENOGRAPHER
Name of the Judge (With Court H. H. Additional Sessions Judge Shri. R.A
Room No.)
Sasne, Court Room No. 30.
Date of Pronouncement of ORDER 12/04/2024
ORDER signed by P.O. on
19/04/2024
ORDER uploaded on
19/04/2024