Final Order 2

Order Details: Copy of Bail Order
Pdf Text: COMMON ORDER BELOW BAIL APPLICATIONS IN C. C. NO.
1453/BA/2024 AND 1502/BA/2024 IN C. C. NO. 1234/PW/2024 OF
NEHRU NAGAR POLICE STATION
1. The accused Sri. Singh @ Sensopol Singh and Preetam Kundan
Singh have moved these second applications for praying to
release themselves on bail under section 437 of the Cr.P.C.
2. Read the applications and say filed below it by A.P.P.
3. The A.P.P. has strongly objected these applications on the
grounds that the offence punishable under section 420 r/w. 34,
120(B) of IPC is registered against the accused which the
charge levelled against accused are serious in nature and
having punishment of 7 years. The amount involvement in this
crime is of Rs. 7,56,000/- that is huge amount. The accused
No.3 who introduced himself to the informant as officer of
MHADA and they will sell her flat at Chembur in low price of
Rs. 32,00,000/-. If the accused are released on bail they will
again commit similar nature of offence and they will abscond
as well as they will never attend the court.
4. The learned Advocate for the accused Pritam Kundan Oswal
submitted that he is falsely implicated in this matter and has
nothing to do with the said offence. He is innocent and nothing
to do with the commission of offence. Nothing will be gained
by the detained the said accused in judicial custody. He is law
abiding citizen and hail from respectable family with deep
roots in the society. He is ready to abide any condition impose
by this court. He is only earning member of his family. The
learned Advocate for the accused submitted that he will abide
by the terms and conditions imposed by this Court if the prayer
as set out in the application is granted.
5. The Ld. Advocate for the accused Sensorpal Singh submitted
that he belongs to respectable family having deep roots in the
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society. He is permanent resident of Mumbai and only earning
member of his family. The accused is law abiding citizen and he
does not have any criminal antecedent against him. The said
accused undertakes not to hamper or tamper the prosecution
evidence and to co-operate with the police as well as court. The
charge-sheet has been filed on 01/10/2024. He is ready to
abide by any condition imposed by this court. He also
submitted that he is currently suffering from intraparenchymal
Haemorrhage (IPH). The said decease be disrupt or compress
adjacent brain tissue leading to neurological dysfunction. Medical
advise strongly recommends that he avoid stress due to severity of
his condition. He is suffering from the same since 15/03/2020 and
he is in-continuous medication.
6. On perusal of FIR and the documents filed alongwith the charge-
sheet and the arguments advanced it transpires that the accused
No.1 Pritam Oswa alongwith accused No.2 Sensorpol Singh cheated
the informant to the tune of Rs. 7,56,000/- and for that purpose
created forged document of allotment of room of MHADA and also
prepared false challen.
7. It further transpires that the present accused sent e-mail from the
mail address amit.joshi@mumbaisra.co.in and informed him that
the SRA authority received his amount and for that purpose the
accused forged the lobo of SRA and stamp. Therefore, the informant
believed the accused.
8. Further the accused No.1 Pritam has also cheated other persons i.e.
Ajit Salunke for Rs. 4,50,000/-, Manoj Gupta for Rs. 7,00,000/-,
Vilas Kate for Rs. 4,50,000/-, Atanu Mukharji for Rs. 20,70,000/-.
9. The accused filed various medical papers and sought bail on
medical ground also. Hence I have called the report from the
Superintendent of Thane Jail and doctor of said jail as to ill-
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ness of the said accused. Accordingly this court received the e-
mail from the Thane prison alongwith the accused’s medical
report and covering letter. Accordingly, the doctor reported that
the accused is known case of CVST with past history of
superior sagittal venous thrombosis. However, he also reported
that the prisoner has no any fresh complaint. The treatment is
continued at prisoner hospital. There is no need to refer to
higher center and he is hermodynamically stable at present.
Therefore, the said medical report of the accused No.2
Sensorpol Singh shows that there are no fresh complaints by
him in respect of the said disease even at the prison the
medical treatment is continued. It is not alleged that the said
treatment is incomplete or requires reference to higher medical
authority. In fact he has no fresh complaints of any medical
condition. Therefore, considering the said medical report, I am
of the considered opinion that the accused No.2 is not entitled
to release on bail on medical ground.
10.Further, the accused Sensorpol Singh moved similar bail
application No. 1127/BA/2024 which came to be rejected on
merit for order dated 28/08/2024. On perusal of the previous
bail application and when compared with the present bail
application I found that the contentions and ground raised in
this application are similar to the previous bail application. The
second bail application is maintainable only on the ground of
change circumstances. The accused has not made out any
ground of change circumstances which entitles him to be
released on bail.
11.The charge-sheet shows that the accused are involved in the serious
offence punishable under Section 420, 467, 471 r/w 34 of the IPC.
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Both the accused alongwith other absconding accused duped the
informant to the tune of Rs. 7,56,000/- and for that purpose created
forged MHADA documents. He further submits that in the bank
account statement of accused No. 1 it revealed that the present
accused received the amount from him. Further as stated above the
accused No.1 has also cheated other persons under the pretext of
giving room in SRA.
12. Such contentions in the First Information Report alongwith the
other documents, statement and the charge-sheet prima facie shows
involvement of both the accused in the alleged crime. Yet the
amount received by the accused persons from the informant is not
recovered. They have not co-operated with the investigation. If
released on bail they may cause to disappear the said amount and
its trail. More so, considering nature of the offence if released on
bail they will try to pressurize and threaten the informant.
Therefore, there is no substance in the present application so that
the present application is devoid of merits and liable to be rejected.
In the result, I proceed to pass following order.
-: O R D E R :-
1) The application is hereby rejected.
Date :- 19/11/2024
Place:-Vikhroli.
Sd/-.
(Ajay A. Bhatewara)
Judicial Magistrate (First Class)
34th Court, Vikhroli, Mumbai.
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