Order 4

Order Details: Bail Order
Pdf Text: C. C. No. 807 PW 2023 State Vs John and ors.
CNR No.MHMM18-003057-2023
ORDER BELOW BAIL APPLICATION, EXH.23
(Filed by Accused No.3, Mr. Pavatharni R. P. S. L.)
1. Taken on board today in view of request made by Ld. Advocate for
the applicant/accused. Perused record. Heard Ld. Advocate for the
accused person/applicant. Heard Ld. A.P.P.
2. By way of this application accused sought bail mainly on the
grounds that he is innocent. Nothing incriminating found against him
during investigation. There is no role attributed to him. Investigation
relating to him is over. He is ready to remain abide by the conditions, etc.
3. Ld. A.P.P. objected to it stating that allegations are serious.
Involvement of the accused persons transpired in the incidence. There are
several offences lodged against applicant. There is possibility of
tampering and absconding, besides other grounds.
4. Admittedly investigation is completed and charge sheet has already
been filed. Much has been already discussed in previous bail orders. But
it is necessary to mention that the role attributed to accused is that he
accompanied a person receiving gold collected from the shop by one of
the accused and was also accompanied by another accused Mr. John
David, whose bail application has already been rejected. Then the
question arises whether the present applicant is entitled to bail or not?
5. The record reflects that the present applicant only accompanied Mr.
John David. Except this, there found nothing against him to connect
applicant with the main allegations. Investigation is over. The relevant
evidence in that regard is already collected. All the witnesses are
interested persons and evidence mainly constitutes documentary
evidence. Thus, in respect of accused also the possibility of tampering is
almost nil. The offence is triable by this court itself. Accused is ready to
remain abide by the conditions. He seems to be of tender age. The
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C. C. No. 807 PW 2023 State Vs John and ors.
CNR No.MHMM18-003057-2023
evidence is bulky and mainly of electronic transactions done across India.
The conclusion of trial, will take much time. Pre-trial detention is not
justified. The amount involved is not much high. Considering all these
legal and factual aspects of the matter and grounds assigned in the bail
application, following order -
ORDER
a. The application is allowed.
b. The applicant is released on bail on his furnishing P.B. and S.B. of
Rs.30,000/-.
c. Permission granted to furnish one or more sureties for the amounts
of surety bond ordered subject to condition that one of the sureties must
be either from Government service or having landed property.
d. One month time is allowed to furnish S.B., in the mean time
permission granted to deposit cash security provisionally in substitution
of surety bond for one month.
e. It is further directed that the accused shall also furnish his detailed
address, name and address of his parents and sureties, in a printed format,
along with their addresses and I.D. proofs.
f. Accused shall not tamper with prosecution evidence and shall
remain present before Investigating Officer, whenever called by him.
MUMBAI (KOMALSING RAJPUT)
DATE – 27.07.2023 M.M., 12TH COURT, BANDRA, MUMBAI
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