MHCC020007572024
IN THE COURT OF SESSIONS FOR GREATER MUMBAI AT MUMBAI
CRIMINAL BAIL APPLICATION NO. 112 OF 2024

Shri. Sunil Deepchand Gupta
Age : 45 years, Occ.: Business
R/at : Room No. 63, Ganesh
Darshan Society, LBS Road,
Near Archana Hotel, Mulund (W),
Mumbai 80. …Applicant/accused

Vs.

The State of Maharashtra (Through Tilak Nagar Police Station, Mumbai) …Respondent

Appearance :Mr. S. D. Mishra, Ld. Advocate for the Applicant.
Mr. J. N. Surywanshi, Ld. APP for the Respondent/State.
CORAM : H. H. THE ADDL. SESSIONS JUDGE, SHRI A.A. KULKARNI (C.R. NO.22) DATED : 16th January, 2024 (ORAL ORDER) (Dictated and pronounced in the open Court)

This is an application under Section 439 of Cr. P.C. for 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 station in connection with Crime for the offence punishable under Sections 420, 406 r/w 34 of IPC. It is further contention that accused has been in jail for more than 60 days. Investigation of case is completed and charge-sheet is filed against applicant and other accused. Applicant is permanent resident of Mumbai. It is also contended that applicant has not committed any offence he has paid amount of Rs. 18,35,000/- to accused Puneet Thakkar who is agent for the purpose of paying amount to informant. It is further contention that there is no direct business connection between applicant and informant. For the purpose of further investigation detention of applicant is not required. Hence, prayed for grant of bail.

3.Ld. APP and investigating officer opposed application. It is their contention that amount towards 16 import/ export licenses of Rs.23,40,218/- is transaction by informant to applicant which is not seized during investigation of case. If, applicant is released on bail there is possibility of his absconding. Hence, prayed for rejection of application.

4. In view of submissions from both sides and on perusal of the allegations in FIR as well as copy of charge-sheet, as per the case of informant initially talks between informant and Puneet Thakkar. As per
the directions given by him paid amount of Rs.23,40,218/- to Swarna Sunil Global Export Pvt. Ltd. and thereafter it was not received by informant. It is on record that investigation of case is completed. As per the contention of applicant he received amount and he repaid it accused Puneet Thakkar and accused Puneet has not paid it to informant. In such circumstance, as investigation of case is completed and chargesheet is filed. Therefore, further detention of applicant is not required
for any purpose. Hence, by imposing conditions applicant may be released on bail. Therefore, I pass following order

:ORDER

1.Criminal Bail Application No.112 of 2024 is allowed.

2.Applicant/accused Sunil Deepchand Gupta be released on bail on his furnishing P.R. and S.B. Bond of Rs.50,000/- along with one or more sureties in the like amount in connection with C.R. No.696/2023 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 previous permission of the Court.

6.Bail before learned Court below.

7.Criminal Bail Application No.112 of 2024 stands disposed off accordingly.

Date : 16.01.2024 Dictated on Transcribed on HHJ signed on : 16.01.2024 : 16.01.2024 : 16.01.2024
(A. A. Kulkarni) dditional Sessions Judge, Sessions Court, Gr. Bombay (C.R.No.22) :4:
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED JUDGMENT/ORDER.”
Upload Date 16.01.2024 Upload Time Name of Stenographer 5.30 p.m. Mrs. Manasi Kadam Name of the Judge (With Court HHJ SHRI. A.A. KULKARNI (CR 22) Room No.) Date of Pronouncement JUDGMENT /ORDER of 16.01.2024 JUDGMENT /ORDER signed by P.O. on 16.01.2024 JUDGMENT /ORDER uploaded on 16.01.2024