Order 1

Order Details: Bail Order
Pdf Text: C. C. No. 203 PW 2024 State Vs Saklain and ors.
CNR-MHMM18-005124-2024
COMMON ORDER BELOW BAIL APPLICATIONS, Exhs.
1. Perused record. Heard Ld. A.P.P. and Ld. Advocates for all the
accused persons/applicants.
2. These applications are filed by all the accused persons under
Section 437 of Code of Criminal Procedure, for bail. Collectively grounds
assigned are, they are innocent, investigation is over and charge sheet is
now filed. Accused are ready to deposit the amount transferred in their
respective accounts and also ready to remain abide by the conditions, if
any, imposed, etc. Ld. A.P.P. objected to the applications stating that
amount involved is high. Though investigation is over, there is possibility
of absconding. Allegations are serious.
3. The summary of the allegations is that under the pretext of
providing loan the present applicants / accused persons lured informant
and defrauded her for amount of Rs.98,42,600/-. During investigation the
accused persons / present applicants found to be actively involved in it
with the absconded accused persons and certain amounts were transferred
in their respective accounts.
4. Now investigation is over and charge sheet is filed. Though stake
involved is high not whole amount is transferred in the account of any
particular accused. They are the persons in whose account meager
amounts were transferred out of the whole stake involved. It can be said
from the record that they might be unaware of the happenings with their
accounts and the nature of amount transferred.
5. The whole evidence is of documentary and electronic nature, which
is already collected. The possibility of tampering so far as present
applicants are concerned, is almost nil. Accused are ready to deposit the
amounts transferred in their respective accounts and have no objection to
hand over those amounts to the informant.
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C. C. No. 203 PW 2024 State Vs Saklain and ors.
CNR-MHMM18-005124-2024
6. They are also ready to remain abide by the conditions. The
commencement and conclusion of trial will take much time. Pre trial
detention not justifiable. Considering all these aspects and facts and
circumstances and reasons assigned in the bail applications following
order -
ORDER
a. All the applications are allowed and accused/applicants are
released on bail on their furnishing P.B. and S.B. of Rs.15,000/- each and
on depositing respective amounts mentioned in the row following their
name in the court.
Sr. No. Name of the Accused/Applicant Amount to be deposited
1 Mr. Saklain Mustaq Ahmed Rs.1,08,800/-
2 Mr. Atabur Rehman S/o. Sirajul Islam Rs.50,000/-
3 Mr. Habibur Rehman S/o. Narul Haq Rs.1,40,000/-
4 Mr. Ahiya Ahmed S/o. Rafiqul Islam Rs.1,40,000/-
5 Mr. Anjarul Haq S/o. Narul Haq Rs.1,38,000/-
b. Permission granted to deposit cash security instead of surety bond.
c. Accused shall furnish his detail address and proof thereof.
d. Informant is also at liberty to withdraw the amounts deposited
above.
Sd/-
MUMBAI (KOMALSING RAJPUT)
DATE – 23.01.2024 M.M., 12TH COURT, BANDRA, MUMBAI
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