Final Order 1

Order Details: Order
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IN THE COURT OF ADDITIONAL CHIEF JUDICIAL MAGISTRATE,
47th COURT, ESPLANADE, MUMBAI.
Miscellaneous Application No.3495/MISC./2025
(CNR NO.MHMM11-011707-2025)
IN
CASE NO.829/PW/2025
Hemant Bhailal Shah ...Applicant/Accused.
V/s.
The State of Maharashtra
(EOW, Mumbai).
...Respondents.
ORDER BELOW APPLICATION
Accused Hemant Bhailal Shah has filed this application for
permission to grant cash bail for a period of 12 weeks and the applicant
will then furnish the necessary surety. It is stated that, the accused has
already deposited Rs.10,00,000/- and has been directed to furnish
surety of Rs.5,00,000/-. The accused had presented surety on 2 or 3
occasions and they were rejected. It will require time for the applicant
to furnish surety to the satisfaction of the Court. He is ready to deposit
further amount of Rs.5,00,000/- and he be released on cash bail.
2. Learned APP objected the application by stating that, there
is possibility that, the accused may abscond and hence, the application
be rejected.
3. Heard the parties.
4. This Court considered the submissions and allowed the bail
application bearing No.1220/BA/2025 on 25.08.2025. Accused was
directed to furnish one or two solvent sureties of Rs.5,00,000/- and
further directions were given to deposit amount of Rs.10,00,000/-. This
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amount has been deposited as per the accused, but he is not able to
furnish the surety. Indeed, surety on two or three times were brought
before this Court for this accused. On every occasion, this Court found
that, these sureties brought before this Court by this accused are
suspicious and are just appearing before this Court for some otherwise
considerations. They were not able to give proper answers to the
questions raised by this Court about their knowledge of this accused. It
has to be kept in mind that, the offence involved is serious and hence,
such order of bail came to be passed. So, that has to be truthfully
complied with rather than forwarding such type of suspicious sureties
before this Court. The orders on these sureties are clear enough to show
their so called intent.
5. The order of bail has to be complied with in its true spirit
and allowing the accused to deposit amount of bail in stead of surety
will dilute the same. Hence, this Court is not inclined to pass any such
order of dilution. Hence, the order follows.
ORDER
The application is rejected.
(Abhijit R. Solapure)
Additional Chief Judicial Magistrate,
Date: 01/10/2025. 47th Court, Esplanade,Mumbai.
SBA/-
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