Interim Order 1

Order Details: Bail Order
Pdf Text: C. C. No. 115 PW 2023 State Vs Alex and ors.
CNR No.MHMM18-000357-2023
COMMON ORDER BELOW BAIL APPLICATIONS, EXHS.7 and 8
1. Perused record. Heard both the accused persons and Ld. A.P.P.
2. Both these applications filed by accused persons Mr. Shrikant
Ramaji Shrivastav and Mr. Firoz Abdul Aziz Ahmed, under Section 437
of Code of Criminal Procedure, for bail.
3. Accused Mr. Shrikant Ramaji Shrivastav, contended that he is
innocent and not at all connected with the alleged act of fraud and
consequent cheating. The investigation is over and charge sheet is filed,
though his application is filed before filing of charge sheet. In the charge
sheet filed there found no material connecting him with the alleged act.
There recovered nothing from him. He is in jail for sufficient time. He is
permanent resident of Delhi, and ready to remain abide by the conditions,
if any, imposed.
4. Another applicant/accused No.2, Mr. Firoz Abdul Aziz Ahmed, in
same tune sought bail almost on the same grounds. In addition to these
facts he insisted that, investigation is over, there are dependents on him
and his wife is pregnant, solely dependent on him for her treatment.
5. The summary of the objection raised by Investigating Officer and
Ld. A.P.P. is that allegations are serious. Amount involved is high. There
is possibility of tampering and absconding of accused persons. There
noticed foreign connections, etc.
6. The summary of the prosecution case, in which charge sheet is now
filed, is that some unknown persons lured informant to pay the amount of
about Rs.47 lacs, under the pretext of providing job and business
opportunities, from time to time. The charge sheet reflects that the main
accused, Mr. Chen Po-Shuo @ Wichen Chawang, is found to be involved
in the said fraud and consequent cheating. The almost whole amount
recovered in addition hardware and other evidence.
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C. C. No. 115 PW 2023 State Vs Alex and ors.
CNR No.MHMM18-000357-2023
7. The charge sheet further reflects that the role attributed to the
present accused persons/applicants is not much serious. It is contended
that they prepared some documents about identification of main accused.
Except that they are not at all connected with the main allegations of
transaction of money by extracting from informant. It is also noticed that
they are authorized agents appointed by Government for preparation of
such documents. Therefore, it is also doubtful whether they deliberately
committed those acts or not? They are of tender age and there are
dependents on them. Offence is triable by this Court itself. Accused are
ready to remain abide by the conditions. The conclusion trial will take
much time. Considering all these aspects and facts and circumstances and
reasons assigned in the bail application following order.
ORDER
a. Application is allowed.
b. Accused persons Mr. Shrikant Ramaji Shrivastav and Mr. Firoz
Abdul Aziz Ahmed, are released on bail on their furnishing P.B. and S.B.
of Rs.50,000/-. Permission granted to deposit cash security instead of
surety bond.
c. Accused persons shall furnish their detail addresses and proofs
thereof.
MUMBAI (KOMALSING RAJPUT)
DATE – 20.01.2023 M.M., 12TH COURT, BANDRA, MUMBAI
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