CRI. BA 1689/2023
1
ORDER
MHCC020103982023
IN THE COURT OF SESSIONS FOR GREATER BOMBAY
AT MUMBAI
CRIMINAL BAIL APPLICATION NO. 1689 OF 2023
( CNR NO.: MHCC02-010398-2023 )
Sunil Narayan Angane
Age:- 60 years,
Occ.:- Construction Business
Address:- Room No. 1202,
B Wing, 12th Floor, Sai Suman
CHS, Next to Dominos,
Vikhroli (E), Mumbai – 400 083
…Applicant/Accused
V/s.
The State of Maharashtra,
(At the instance of Vikhroli
Police Station vide C.R.No.81/2021)
…Respondent/State.

Appearance:Ld. Advocate Rohan Gangurde for the applicant/accused.
Ld. SPP S. V. Kekanis and Ld. SPP Smt.Smita Chougale for the
State/respondent.
CORAM : H.H. THE ADDL. SESSIONS JUDGE
S.M. TAPKIRE (C.R.60)
DATE : 22.08.2023.
ORDER
1.

This is an application under Section 439 of Code of
Criminal Procedure 1973 (hereinafter referred to as Cr.P.C) in
CRI. BA 1689/2023
2
ORDER
connection with the crime vide C.R. No. 81 of 2021 dated 24.03.2021
registered with respondent/state for the offences punishable under
Sections 387 and 506(2) r/w. 34 of the Indian Penal Code.
2.
of
The respondent/state has strongly opposed to the bail plea
the
applicant on various
grounds
by
filing
their
written
say/submission at Exh – 3.
3.

Perused the application, plea submissions, grounds raised
therein coupled with the documents placed reliance by the applicant.
Also, perused the written say/objection of respondent/state. Heard Ld.
Adv. for the applicant and the Ld. S.P.P. for the respondent/state.
4.

Having
into
consideration
the
rival
submissions,
contentions and record availed prima-facie inclined in impugned crime
the applicant and his companion Prasad Vitthal Pujari are involved.
Against them, the informant Pratap Bagaram Bane alleged that the
applicant and his companion have threatened to him by alleging that
they are members of Pujari Gang and extorted amount of Rs. 6,63,250/by cash and cheque during the period of 10.07.2018 to 31.01.2020.
Even thereafter, they were constantly abusing, threatening and
pressurizing to him for extortion, thereby, raised the impugned crime.
The applicant has denied the entire allegations grievance raised against
him and raised the plea of false implication. Also submitted that
investigation is already completed and charge-sheet is also submitted.
He is arrested on 07.12.2021. Against him the M.C.O.C.A. Act is not
applied. There was transaction to hand loan between informant and
him. However, with malafide intention raised the impugned crime and
CRI. BA 1689/2023
3
ORDER
given colour of criminality. Though charge-sheet is filed however, trial is
not commenced. Even against him though four crimes are registered.
However, wherein bail is granted to him and no allegation plea of
misuse of liberty is there. On relying it requested to have the liberty.
5.

The respondent/state has strongly opposed to the bail plea
of applicant principally on the ground that the Ld. Trial Court is pleased
to rejected his bail plea on 11.05.2023, though it was raised after
submission of charge-sheet. The applicant and his companion are the
members of Pujari Gang and on that account frequently used to
threatened and pressurized to the traders and shopkeepers for
extracting money. Thereby, they have committed the impugned crime
and extracted the amount of Rs. 6,63,250/- from informant. Against
him, serious in natures allegations are raised. Even against him,
criminal antecedent of serious crimes are also there. Therefore, does not
deserve to have the liberty.
6.

In above such circumstance cautiously considered the
entire availed record prima-facie inclined the impugned crime raised
against applicant and his companion Prasad Pujari. Against them
charge-sheet is already submitted. He is arrested on 07.12.2021. Since
then, he is behind bar. Though the charge-sheet is submitted, however,
till now trial is not commenced. Thereby, prima-facie inclined inevitable
time would take to commence and conclude the trial. The impugned
crime is triable by the Ld. M.M. Court, though his bail plea is rejected by
the Ld. A.C.M.M. 31st Court, Vikhroli, Mumbai. However, it revealed the
same is on general and mere grounds. In such eventualities I have not
inclined any seriously considerable cause reason and ground for further
CRI. BA 1689/2023
4
ORDER
custodial detention of applicant. Though against him alleged certain
criminal antecedent are there. However, by such circumstance I felt by
saddling stringent conditions would appropriate to have liberty to him.
With this passed the following order.
:ORDER:
1.

The present Criminal Bail Application No.1689 of 2023 is hereby
allowed, subject to following conditions by the applicant/accused.
a.

The applicant Sunil Narayan Angane, age 60 years, residing at
Room No. 1202, B Wing, 12th Floor, Sai Suman CHS, Next to Dominos,
Vikhroli (E), Mumbai – 400 083 be released on executing P.R. Bond of
Rs. 5,00,000/- (Rupees Five Lakhs Only) and furnish one or two solvent
sureties in the like amount in connection with the crime vide C.R. No 81
of 2021 registered with Vikhroli Police Station for the offences
punishable under Sections 387 and 506(2) r/w. Section 34 of the Indian
Penal Code, 1860.
b.

The applicant shall not tamper or hamper the prosecution
witnesses and evidence by any manner.
c.

The applicant shall record his attendance with respondent/
Vikhroli Police Station on every 5th date of every Month between 11.00
a.m. to 05.00 p.m. until conclusion of trial.
d.

The applicant shall attend every date of trial without fail.

CRI. BA 1689/2023
5
ORDER
e.

The applicant shall not indulge in any criminal activity.

f.

The applicant shall not leave India without prior permission of
Ld. Trial Court.
g.

The applicant shall submit his proper considerable residential
address proof as well as telephone and cell numbers with respondent, in
view of his contact.
h.

The applicant to make surety compliance before Ld. Trial Court.

i.

Accordingly, inform to the Ld. Trial Court, Investigating Officer/
Vikhroli Police Station by sending copy of this order.
j.

Accordingly, respondent/ Vikhroli Police Station to take note of
this order.
k.

The present Criminal Bail Application No.1689 of 2023 stands
disposed of accordingly.
Dictated and pronounced in open Court.
SHRIRAM
MADHUKAR
TAPKIRE
Dictated on
Transcribed on
Date of sign
: 22.08.2023
: 23.08.2023
: 24.08.2023
Digitally signed
by SHRIRAM
MADHUKAR
TAPKIRE
Date:
2023.08.24
15:04:04 +0530
(S.M. Tapkire)
Addl. Sessions Judge
Sessions Court,
Mumbai. C.R. 60
CRI. BA 1689/2023
6
ORDER
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
24/08/2023, 3.05 p.m.
UPLOAD DATE AND TIME
Mr. Prasad S. Pednekar
NAME OF STENOGRAPHER
Name of the Judge (with Court Room No.)

HHJ S.M. Tapkire,(C.R.No.60)
Addl. Sessions Judge.,City Civil & Sessions
Court, Mumbai.

Date of pronouncement of Judgment/Order
22.08.2023
Order signed by P.O. on
24.08.2023
Order uploaded on
24.08.2023