B.A.549/2024
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MHCC020035812024
IN THE COURT OF SESSIONS FOR GREATER BOMBAY
AT BOMBAY
CRIMINAL BAIL APPLICATION NO.549 OF 2024
IN
C.R.NO.343 OF 2023
Sopulu Innocent Samuel
Aged : 43 years, Occ : Nil
Residing at 301, Maheshwari
Apartment Alkapuri,
Nalasopara East,
(At present in judicial custody)
…Applicant
Vs.
The State of Maharashtra
(At the instance of Mulund
Police Station, C.R.No.343/2023)
CORAM:
…Respondent
HH THE ADDL.SESSIONS JUDGE
SHRI. V. M. SUNDALE
(Court Room No.27)
DATE : 19th March 2024
Shri Rahul Varde, learned advocate for applicant.
Ms. Ratnavali Patil, learned APP for State/Respondent
ORDER
01.
The applicant Sopulu Innocent Samuel has filed this second
B.A.549/2024
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application under Section 439 of the Code of Criminal Procedure for
bail in connection with Crime No.343/2023 registered in Mulund Police
Station, Mumbai for the offence under Section 419, 420, 465, 467, 471
r/w 34 of the Indian Penal Code r/w Section 66 (C) of the Information
and Technology Act, 2000, Section 14 (A) & (B) of the Foreigners Act,
1946 and Section 4 and 12 of the Passport Act, 1967, on the allegations
that, the applicant cheated the informant by giving him online task,
forged documents and got transferred Rs.2,55,000/- from the bank
account of informant.
02.
The investigating officer opposed the application by filing
reply (Exh.02). It is contended that the applicant is Nigerian nationale
and unauthorizedly living in India. The applicant has no permanent
address in Mumbai. In the course of investigation, it is transpired that
the applicant, after expiration of his passport unauthorizedly living in
India and violated the rules of Passport Act, 1967. It is also transpired
that the applicant was taking his share from co-accused collected by
them defrauding the people. Hence, the investigating officer prayed to
reject the application.
03.
Heard Shri Rahul Varde, learned advocate for the applicant
and Mrs. Ratnavali Patil, learned A.P.P. for the prosecution.
04.
I have carefully gone through record with reference to
submission of both the sides. The applicant has filed this second bail
application mainly on the ground that charge-sheet is filed. The earlier
bail application filed by the accused came to be rejected by this Court as
per the order dated 08/11/2023. On perusal of charge-sheet and copies
of documents placed on record it appears that the applicant was gaining
B.A.549/2024
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the trust of the customers by giving online task to them. Thereafter, the
applicant and co-accused defrauding the customers financially. It is also
transpired that the applicant has cheated the informant and got
transferred Rs.2,55,000/- from his bank account. The offence is serious
and recently there is increase in such online fraud offences. The
applicant is Nigerian nationale and he is not having permanent
residence in Mumbai. The applicant is also not having valid passport
and visa. The earlier bail application field by the applicant came to be
rejected on the same grounds. The applicant has filed present second
bail application, but he has not placed anything on record to show that
there is any substantial change in circumstances. The apprehension
placed on record by the investigating officer are well founded. In the
facts and circumstances of the case, the applicant is not entitled to
release on bail. Hence, the following order is passed.
ORDER
1.
Criminal Bail Application No.549 of 2024 is rejected.
2.
Thus, Criminal Bail Application No.549 of 2024 stands disposed
of.
19/03/2024
Dictated on
: 19/03/2024
Transcribed on : 19/03/2024
Signed on
: 19/03/2024
(V. M. Sundale)
Addl. Sessions Judge,
City Civil & Sessions Court,
Gr. Mumbai
B.A.549/2024
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE
ORIGINAL SIGNED JUDGMENT/ORDER.”
Upload Date
Upload Time
19/03/2024
5.30 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
19/03/2024
JUDGEMENT /ORDER signed by P.O.
on
19/03/2024
JUDGEMENT /ORDER uploaded on
19/03/2024