Interim Order 1

Order Details: Order Below EX 1
Pdf Text: C. C. No. 1998 PW 2024 State Vs Pankaj
CNR-MHMM18-008305-2024
ORDER BELOW BAIL APPLICATION, EXH.4
1. Perused record. Heard both the sides.
2. The present offence is registered for offences punishable under
Sections 420, etc. of Indian Penal Code and certain provisions of
Information Technology Act, at the instance of the informant, who
alleged that certain unknown persons lured her for investment and
defrauded her to the extent of about Rs.97 lacs. The investigation started
and the present applicant has been arrested, after his transfer from other
crime registered with other police station.
3. After his remand to police custody on 18.03.2024, he is remanded
to magisterial custody on 19.03.2024. Then he filed present application
for bail as per Section 437 of Code of Criminal Procedure. In the mean
time charge sheet has been filed. Say of the Ld. A.P.P. was called.
4. Heard both the sides. Perused record, say filed by Ld. A.P.P. and
other material produced with the charge sheet. The applicant sought bail
mainly on the grounds that -
i. Accused is innocent and falsely implicated.
ii. He is working person and has no criminal antecedents.
iii. The main offence made out is of offence punishable only upto seven years.
iv. No offence of forgery punishable under Section 467 of Indian Penal Code, made
out.
v. There attributed or transpired no role to the applicant/accused.
vi. There are dependents on him.
vii. Accused/applicant is ready to abide conditions, if any, imposed, etc.
5. Ld. A.P.P. objected to it stating that investigation, though
completed it is in progress in respect of other offenders. There is
possibility of tampering. The amount involved is high. The active role of
the applicant/accused transpired. On these main grounds Ld. A.P.P.
prayed for rejection of the application.
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C. C. No. 1998 PW 2024 State Vs Pankaj
CNR-MHMM18-008305-2024
6. The summary of the allegations is that First Informant has been
defrauded by unknown persons under the pretext of good returns for
investment to the tune of Rs.95 lacs plus. After commencement of
investigation the present applicant has been arrested mainly on the ground
that certain amount has been transferred to his account.
7. After going through the record of investigation, except the fact of
transfer of amount into the account of applicant there transpired nothing
incriminating to connect the applicant with the allegations. The total
amount allegedly transferred is about Rs.7,95,000/-. However, an amount
of Rs.16,69,000/- has been frozen and has been seized from his account
and transferred to the account of informant. It means whatever amount
has been received by applicant, more than the double of the said amount
has been recovered from him. The summary of these aspects is that there
is doubt about the actual involvement of the accused/applicant in the
allegations. Even if it is presumed that he has been involved any way, the
benefit received by him has been already recovered from him.
8. It is submitted that amount involved is high. However, merely
because the amount involved is high bail can not be straight away
rejected. As discussed above there is doubt about the involvement of the
applicant in the allegations. This fact, needs to be considered with other
facts, that applicant is in custody since long, investigation is over and
charge sheet has already been filed. So also, accused is resident of
Mumbai itself and ready to remain abide by the conditions. It leads to
inference that bail prayer needs to be considered.
9. Further, the evidence is of electronic and documentary nature. It is
already seized and mainly in control of third persons. As such possibility
of tampering is almost nil. There are dependents on the accused/applicant.
He is of tender age though married. Offence is triable by this Court itself.
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C. C. No. 1998 PW 2024 State Vs Pankaj
CNR-MHMM18-008305-2024
The conclusion of trial will take much time. There appears no point in
keeping the accused in further detention as offence is triable by this court
itself. Considering all these aspects and facts and circumstances and
reasons assigned in the bail application following order -
ORDER
a. Application is allowed.
b. Accused Mr. Pankaj Bansi Tiwari, 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 shall furnish his detail address and proof thereof.
MUMBAI (KOMALSING RAJPUT)
DATE – 25.06.2024 M.M., 12TH COURT, BANDRA, MUMBAI
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