Final Order 1

Order Details: Copy of Bail Order
Pdf Text: ORDER BELOW BAIL APPLICATION IN C. C. NO. 1508/BA/2024 IN
CONNECTION WITH C.C. NO. 1285/PW/2024 OF NEHRUNAGAR
POLICE STATION
1. The accused Pritam Kundan Oswal has moved this application
for praying to release himself on bail under section 437 of the
Cr.P.C.
2. Read the application and say filed below it by A.P.P &
Investigating Officer.
3. Heard the learned Advocate of the accused and learned A.P.P.
The Ld. A.P.P. has objected this application on the grounds that
the accused has committed the serious offence and there is
prima faice evidence against the accused. It appears that there
is an active involvement of present applicant in this crime. If
the accused is released on bail then there is high possibility of
abscond and commit the similar type of crime. Further the
accused will misuse his liberty to tamper and hamper the
prosecution evidence. The release of the accused is dangerous
for the society, as the accused has committed the crime against
the society.
4. The learned Advocate for the accused 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 detaining the
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 accused is involved in the serious offence punishable under
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Section 420 and 406 of the IPC. The accused duped the
informant to the tune of Rs. 3,74,000/- and for that purpose
cheated the informant. It further transpires that in the bank
account statement of accused it revealed that the accused
received the amount from the informant. Further the accused
has also cheated the witness Vilas Sadanand Kate to the tune of
Rs. 04,05,000/- under the pretext of giving room in SRA. It is
also revealed during investigation that he also cheated another
person Prashant Kale to the tune of Rs. 7,56,000/- and also
created forged documents of MHADA.
6. On perusal of FIR, charge-sheet and the arguments advanced it
transpires that the present accused sent e-mail from the mail
address Umesh.shinde@mumbaimhada.com.in and informed
her that she has been allotted room No. 501 of Building No.23
and therefore, the informant believed the accused.
7. Such contentions in the First Information Report alongwith the
other documents, statement and the charge-sheet prima facie
shows involvement of the accused in the alleged crime. Yet the
amount received by the accused from the informant is not
recovered. He has not co-operated with the investigation. If
released on bail he may cause to disappear the said amount
and its trail. If the accused released he will cause to disappear
the said amount and its trail. More so, considering nature of
the offence if released on bail he will try to pressurize and
threaten the informant. Further the similar offences are
registered against the accused bearing Cri. No. 137/2023 and
237/2023 of Neharunagar Police Station. Therefore, it appears
that the accused is habitually cheating the prospective buyers
who are in search of MHADA rooms. Hence, if he released on
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bail he will again commit the similar offence which will cause
economic loss to other persons. 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 (1st Class),
34th Court, Vikhroli, Mumbai.
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