Interim Order 2

Order Details: Bail Order
Pdf Text: COMMON ORDER BELOW FOLLOWING BAIL APPLICATIONS, Exhs.5 TO 7
(B.A. No. 1124/2023, filed by Mr. Greenwell Ndhlovu
B.A. No. 964/2023, filed by Ms. Dorcus Nakabuuka,
B.A. No. 645/2023, filed by Mr. Booma Awantaye)
1. Perused record. Heard Ld. Advocates for all the applicants and Ld.
A.P.P.
2. These applications filed under Section 437 of Code of Criminal
Procedure for bail. The summary of the grounds pleaded by all the applicants
is that they are innocent. Investigation is over and charge sheet is also filed.
No offences as claimed made out. The evidence filed even if accepted there is
nothing found against accused persons. They are students. They are ready to
remain abide by the conditions. One of the accused also claimed that he is the
only earning member of his family and there are dependents on him.
3. Ld. A.P.P. objected to it stating that involvement of the accused persons
noticed in the allegations. They are foreigners and may not remain in India for
trial. The part of investigation is incomplete. The other accused persons are
yet to be arrested. There is possibility of tampering. The accused persons also
breached immigration laws. Therefore, applications shall be rejected.
4. Admittedly, investigation is over and charge sheet is also filed. Accused
are in custody since long. Practically all the material at the instance of
accused persons and connected with them is already collected. One of the
accused is woman and all of them are of young age. They are residing in
India, since long as students. They are ready to remain abide by the
conditions. The evidence is mainly in the form of electronic record which is
already collected and it is in custody of third parties, over which accused
persons have no control at all. Therefore, possibility of tampering is almost
nil.
5. Offence is triable by this Court itself. Accused are ready to remain
abide by the conditions. Other accused already released on bail. Much has
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been already discussed in previous bail orders about the applicability of penal
provisions and delay occurred. The conditions can be imposed so that accused
shall not leave India, without permission of this court. Considering settled
principles of bail jurisprudence, pre-trial detention is not justified for all these
reasons. Considering all these aspects, reasons assigned in the bail application
and other facts and circumstances, the present applicants/accused also
deserves to be released on bail on same terms and conditions as that of
previous accused persons. Accordingly, following order -
ORDER
a. All the applications are allowed and applicants/accused Mr. Greenwell
Ndhlovu, Ms. Dorcus Nakabuuka and Mr. Booma Awantaye, are released on
bail on their furnishing P.B. and S.B. of Rs.25,000/- each. Permission granted
to furnish two or more sureties for the said amount of Surety Bond each or
deposit cash security in substitution of Surety Bond.
b. Applicants shall also furnish their detailed addresses and places of their
residence and vocation, their identity and address proof and phone number in
this court.
c. Applicants shall not leave India, without prior permission of this court.
MUMBAI (KOMALSING RAJPUT)
DATE – 23.03.2023 M.M., 12TH COURT, BANDRA, MUMBAI
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