Interim Order 2

Order Details: Bail Order
Pdf Text: C. C. No. 111 PW 2023 State Vs Laxman and ors.
CNR No.MHMM18-000333-2023
ORDER BELOW BAIL APPLICATION, EXH.5
(B. A. No. 315 of 2023)
1. Perused record. Heard both the sides.
2. The present application is filed by accused/applicant Mr. Vaibhav
Laxman Zhanke, under Section 437 of Code of Criminal Procedure for
bail. It is contended that there is delay in lodging of report. First
Information Report is false and transactions not possible. There attributed
no role to the accused and he is falsely implicated. In the charge sheet,
now filed, there is nothing to connect the applicant with the allegations.
He has not received any amount. The investigation is over and charge
sheet already filed. Accused is in jail since long. Applicant's wife is
pregnant and about to deliver. Other accused already released on bail. He
is permanent resident of Mumbai, and ready to remain abide by the
conditions.
3. Ld. A.P.P. objected to it stating that offence is cognizable and non-
bailable. Accusations are well founded. The amount involved is high.
Though investigation is over there found no change of circumstances.
Therefore, application shall be rejected.
4. The summary of the First Information Report is that the present
applicant/accused along with his other family members lured the
informant and other persons to pay various amounts, under the pretext of
providing cheap houses, to the tune of amount of Rs.55,50,000/-. During
investigation the present applicant, his parents and brother was arrested.
His mother and brother were released on bail, one of the accused is also
released by High Court on anticipatory bail.
5. The present applicant/accused was arrested on 15.10.2022, and
since then in jail. In the mean time other accused persons were also
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C. C. No. 111 PW 2023 State Vs Laxman and ors.
CNR No.MHMM18-000333-2023
arrested. Investigation was completed and charge sheet has been filed.
The record reflects involvement of the accused with his father and certain
amount was also transferred to his account. Record further reflect that the
present applicant is the main person who was actively involved in
extracting money by luring various persons.
6. It is contended that investigation is over. But amount involved is
high. Though investigation completed and some accused persons are
released on bail, the role attributed to the present applicant is serious. He
is the main person involved in the act. So many persons defrauded.
Allegations are serious. The report of investigation shows that there is
ample evidence against the applicant/accused. Accused is in custody for
long time and record also reflect that his wife is pregnant. But these facts
and other grounds assigned, if compared with seriousness of the matter
and stake involved the balance tilts in favour of prosecution and hence,
following order -
ORDER
Application is rejected.
MUMBAI (KOMALSING RAJPUT)
DATE – 30.01.2023 M.M., 12TH COURT, BANDRA, MUMBAI
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