Interim Order 3

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. This is an application filed under Section 437 of Code of Criminal
Procedure, for bail, by Mr. Laxman Soma Zhanake, Accused No.1. It is
his case that investigation is completed and charge sheet is already filed.
He is innocent and falsely implicated. Applicant is a reputed person and
not received any amount. Offene is triable by this court itself. Allegations
are not serious. He is 72 years of age and there is no point in keeping him
in further detention. Applicant is ready to remain abide by the conditions,
if any, imposed.
3. Ld. A.P.P. objected to it stating that allegations are serious. The
applicant/accused is one of the main persons who cheated several persons.
Though investigation is completed he can not be released. Further there is
possibility of tampering, etc.
4. Submissions of both the parties are in tune with their respective
contentions.
5. As reflects from the charge sheet it is alleged that present accused
and his son, Accused No.2, Mr. Vaibhav along with other family members
duped informant and other persons to the tune of Rs.76 lacs under the
pretext of providing cheap houses. The record clearly reflects that the
present accused and his son who is still in jail, are the main persons
involved/connected with the transactions of obtaining of money. The
amount involved is high and not much recovered during investigation.
The allegations are serious.
6. Other accused persons are released on bail, but they were released
under peculiar facts relating to each of them. Present accused though of
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C. C. No. 111 PW 2023 State Vs Laxman and ors.
CNR No.MHMM18-000333-2023
quite old age can not be said to be innocent. These aspects if considered
in the light of grounds assigned it is clear that no case of bail is made out.
Therefore, following order -
ORDER
Application is rejected.
MUMBAI (KOMALSING RAJPUT)
DATE – 24.02.2023 M.M., 12TH COURT, BANDRA, MUMBAI
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