Order 3

Order Details: Bail Order
Pdf Text: C. C. No. 1026 PW 2022 State Vs Mohd. Fardin and Ors.
CNR MHMM18-004463-2022
ORDER BELOW BAIL APPLICATION NO. 2164/2022
1. Perused record. Perused say filed by Ld. A.P.P. and Investigating
Officer.
2. Heard Ld. Advocate for the applicant/accused. Heard Ld. A.P.P.
3. This is an application under Section 437 of Code of Criminal
Procedure for bail mainly on the grounds that investigation is completed
and charge sheet is filed. Other accused already released on bail. No
specific role attributed to accused. He belonged to respectable family,
having roots in the society and no criminal antecedents. He is permanent
residence of Maharashtra and businessman. Investigation already over.
Accused is in custody since last two months and there is no point in
keeping the accused in further detention.
4. Ld. A.P.P. and Investigating Officer strongly objected to it that
active involvement of the applicant/accused noticed in the incidence. The
car stolen is not yet recovered. There is possibility of absconding of
accused and tampering of evidence.
5. Admittedly investigation is over and charge sheet is already filed.
The final report reflects active involvement of the applicant/accused in
the present incidence. He along with other accused persons who are not
yet arrested downloaded the Application and fraudulently handed over the
custody of car to absconded accused persons. Neither stolen car nor any
of those persons yet traced.
6. In this backdrop it is to be verified whether accused is entitled to
bail. The whole record reflects that from very beginning the present
accused along with other main accused persons who are still absconded
with intention to defraud the owner, taken the custody of the car and
fraudulently taken away. Now though investigation is over, the main
accused and the car not yet traced. As compared to other accused persons
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C. C. No. 1026 PW 2022 State Vs Mohd. Fardin and Ors.
CNR MHMM18-004463-2022
who were released on bail the role of present applicant is different. But
the commencement of trial and its conclusion will take substantial time.
Pre-trial detention can not be allowed.
7. In addition to it accused is resident of Mumbai. He is ready to
remain abide by the conditions, if any, imposed. Offence is triable by this
court itself. Accused has no criminal antecedents. Therefore, bail
application needs due consideration, but at the same time loss suffered by
victim can not be ignored. Therefore, before granting bail, imposing of
certain conditions is necessary. Accordingly following order -
ORDER
a. Application is allowed.
b. Accused is released on bail on his furnishing P.B. and S.B. of
Rs.25,000/- and condition that accused shall deposit Rs.2,00,000/-
(Rupees Two lacs only) in the court.
c. One or two sureties or cash security in substitution of surety bond
allowed.
d. Accused person shall furnish his detail address and proof thereof.
MUMBAI (KOMALSING RAJPUT)
DATE – 17.06.2022 M.M., 12TH COURT, BANDRA, MUMBAI
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