Interim Order 1

Order Details: Bail Order
Pdf Text: C. C. No. 42 PW 2022 State Vs Mohd. Habib
CNR MHMM18-000129-2022
ORDER BELOW BAIL APPLICATION NO.195/2022
1. Perused record. Heard Ld. Advocate for the applicant/accused Shri.
Sufiyan Qureshi, Ld. A.P.P. and Ld. Advocate Smt. Zehra Charaniya, for
the informant/de-facto complainant Shri Ravijit Ajitsingh Padda.
2. The present application is filed under Section 437 of Code of
Criminal Procedure for bail. It is contended that investigation is over and
charge sheet is also filed. Accused/applicant is reputed person, running
business and having dependents on him. The disputed transaction is of
civil nature and no offence made out. They are false and based on
concocted story to extort money. There is delay in registration of crime,
etc.
3. Ld. A.P.P. filed his say stating that accusations are well founded.
Initial bail applications before filing of charge sheet were rejected by this
court and Session Court. The accused cheated the informant and
habituated to do such acts. There is possibility of tampering, etc.
4. After filing of this application there occurred another development.
There arrived settlement amongst the parties. It is informed that accused
agreed to pay the whole amount. In consideration of this settlement,
accused already handed over Rs.3 lacs by way of demand draft and for
remaining Rs.27 lacs he has issued six post dated cheques. The informant
personally appeared with his advocate and acknowledged this settlement.
He also filed affidavit to that effect, Exh.8. His Ld. Advocate submitted
that informant/victim has no objection to release the accused on bail
subject to certain conditions that he shall attend the court dates and
informed his exact address at Mumbai and other places. It is also
submitted that if accused is released then only further terms of settlement
particularly payments by way of cheques can be honoured, unless accused
may suffer irreparable loss. Therefore, both the parties prayed for the
release of the accused on bail, subject to conditions prayed for.
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C. C. No. 42 PW 2022 State Vs Mohd. Habib
CNR MHMM18-000129-2022
5. It is alleged that accused obtained Rs.30 lacs from the informant
towards compliance of formalities towards the transaction of loan, going
to be obtained by informant. Accused was arrested on 15.11.2021, and
since then in custody of this court. His first bail application immediately
after his remand to magisterial custody was rejected by this court. His bail
application before Session Court was also rejected later on 24.12.2021.
6. Now charge sheet is filed and accused preferred this bail
application on the ground of change of circumstances. Now investigation
is over and charge sheet is filed. Apart from merits of the matter the
evidence is already collected and mainly of documentary nature. The
offence is triable by this court itself.
7. The another important aspect to be considered and as discussed in
above paragraph that matter is amicably settled and affidavit, Exh.8, to
that effect is also filed by victim/informant. He specifically mentioned
and also made submissions to the effect that informant has no objection to
release the accused on bail. It is also submitted that if accused is released
then only further terms of settlement particularly payments by way of
cheques can be honoured, unless accused may suffer irreparable loss and
hence, bail needs to be granted. The offence is compoundable. This
ground also deserves due consideration.
8. Considering the reasons assigned in the bail application and
subsequent development occurred i.e. settlement amongst the parties and
nature of the offence being compoundable there is no point in keep the
accused in further detention. The joint prayer to the effect that settlement
is possible only after release of the accused is also carries weight.
Therefore, following order subject to certain conditions as prayed by
informant -
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C. C. No. 42 PW 2022 State Vs Mohd. Habib
CNR MHMM18-000129-2022
ORDER
a. Application is allowed.
b. Accused is released on bail on his furnishing P.B. and S.B. of
Rs.30,000/-. Permission granted to deposit cash surety instead of surety
bond provisionally.
c. Accused person shall furnish his detail address at Mumbai and
Hyderabad and also submit proofs thereof.
d. If possible, his wife shall stood surety to him and furnish her
detailed address and proof thereof.
MUMBAI (KOMALSING RAJPUT)
DATE – 28.01.2022 M.M., 12TH COURT, BANDRA, MUMBAI
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