Final Order 1

Pdf Text: IN THE COURT OF THE JUDICIAL MAGISTRATE (FIRST CLASS),
62nd COURT, DADAR, MUMBAI.
R.A. No. : 547 /2025 (CR. No. 190/2025)
ORDER BELOW BAIL APPLICATION No. 1160/BA/2025
This bail application by accused No. 02 Suhas Sartape for his
release on bail. He has contended that he is arrested on 19/11/2025
and at present he is in MCR. He further submits that, he is innocent and
has no concern with the alleged offence. He is permanent resident of
Worli, Mumbai. He is ready to abide all the conditions imposed by this
Court.
02. Ld. APP and I.O have raised strong objection for grant of bail. It is
contended that offence is serious in nature and non-bailable. As per
contention of Ld. APP and I.O there is evidence to show involvement of
accused, if he is released on bail, he will tamper with prosecution
evidence and likely to be absconded. Therefore, they prayed to reject
this application.
03. Intervention application is filed on behalf of complainant /
informant by Ld Advocate. It is contention that the accused have
cheated them by introducing them to accused no. 01 and bail may be
rejected.
04. Heard
05. In the light of arguments gone through record. Crime is registered
for the offences punishable under Sections 316 (2), 318 (4), 336(2),
336(3), 338, 340(2), 3 (5), of B.N.N.S. It further reveals that, it is
alleged accused with the co-accused Rajesh Naidu have cheated them to
the extent of amount of Rs. 21,90,000/- which were paid to accused no.
01 in installments. Accused No. 02 have received amount of Rs.
3,40,000/- from the accused no. 01. So also, property was transferred to
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Shantabai Shahapure. This prima facie shows involvement of the present
accused in commission of offence. Admittedly, offence is serious in
nature and related to deception and inducment of informant for an
amount of Rs. 21,90,000/- alongwith others. Investigation is at initial
stage. However, on going through the arguments, it reveals that, the
present accused have acted as a middle man for commission. All
offences are triable by this Court. Looking to the circumstances and facts
of the case it will take considerable period trial of the case. In such
circumstances no justifiable reason to detain the accused in custody for
indefinite period. Hence, accused is released on bail on his furnishing P.
B. and S.B. of Rs.1,00,000/- (Rs. One Lakh only) subject to conditions :-
i) he shall furnish his and 2 close relatives address proof.
ii) he shall not leave India without prior permission of the Court.
iii) Provisional cash security of Rs.1,00,000/- is granted to accused in
lieu of one or two sureties for two weeks.
(Nilesh N. Dhend)
Judicial Magistrate First Class,
Date: 10/12/2025. 62nd Court, Dadar, Mumbai.
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