Interim Order 1

Order Details: Bail Order
Pdf Text: C. C. No. 1495 PW 2024 State Vs Surendra and anr.
CNR-MHMM18-004586-2024
ORDER BELOW BAIL APPLICATION, EXH.7
1. Perused record. Heard Ld. Advocate Miss. Vaidehi Pusalkar,
L.A.D.C., for the accused/applicant. Heard Ld. A.P.P.
2. The present application is filed under Section 437 of Code of
Criminal Procedure, for bail mainly on the grounds that investigation
completed and charge sheet has been filed. Accused is innocent and
falsely dragged in the matter. The entire evidence is of documentary
nature, which is already collected. Therefore, there is no possibility of
tampering. Accused is of good moral character, having no criminal
antecedents, permanent resident of Dharavi, Mumbai and ready to remain
abide by the conditions.
3. Ld. A.P.P. objected to it vide his say, Exh.8, and submitted that
offence is serious. Amount involved is high. There is possibility of
absconding and tampering. Accused was already absconded, after filing
of First Information Report, etc.
4. The summary of the allegations is that the present applicant and his
brother, original Accused No.1, lured informant for investment assuring
high returns in the co-operative credit society. Both of them neither given
any returns nor refunded the amount invested by the informant.
5. From the record accused can be said to be a person mainly
responsible for the act with the aid of other persons. However, he is in
custody since 31.01.2024. In the mean time investigation is over and
charge sheet has already been filed. The evidence is of documentary
nature and already seized. As such the possibility of tampering is almost
nil. Accused is permanent resident of Mumbai and he is having deep roots
in the society. However, he seems to be poor. Further, other accused
already released on bail and he is ready to remain abide by the conditions.
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C. C. No. 1495 PW 2024 State Vs Surendra and anr.
CNR-MHMM18-004586-2024
6. One of the accused is yet to appear. The possibility of
commencement of trial and it’s conclusion within short span of time
seems weak. Accused is poor and as informed there are dependents on
him. In such a situation pre-trial detention is not justified. Considering all
these aspects and facts and circumstances and reasons assigned in the bail
application the bail needs to be granted by allowing the present
application. Accordingly, following order -
ORDER
a. Application is allowed.
b. Accused is released on bail on his furnishing P.B. and S.B. of
Rs.30,000/-. Permission granted to deposit cash security instead of surety
bond.
c. Accused person shall furnish his detail address and proof thereof.
MUMBAI (KOMALSING RAJPUT)
DATE – 11.10.2024 J.M.F.C., 12TH COURT, BANDRA, MUMBAI
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