Interim Order 3

Order Details: Bail Order
Pdf Text: C. C. No. 1904 PW 2022 State Vs J. Sudhakar Reddy and ors.
CNR No.MHMM18-009146-2022
ORDER BELOW BAIL APPLICATION
(Filed by Accused No.14, Mr. Liyang Chi Sheng @ Pol, B.A. No.5166/2022)
1. The present application is filed under Section 437 of Code of
Criminal Procedure, for bail mainly on the grounds that accused is
innocent and falsely implicated. There found his no direct connection
with the allegations. The other accused persons are already on bail.
Investigation is over and charge sheet already filed. Applicant was
working only as a Translator and was also released on bail in other
matters. There is no evidence against him. No offence made out as
alleged, in addition to other grounds.
2. Ld. A.P.P. objected to it mainly on the grounds that the allegations
are serious and there found sufficient material against the present
applicant. There is prima facie evidence regarding involvement of the
accused. Though investigation is completed, charge sheet is filed, it is
only part of investigation which is done and remaining accused persons
are yet to be arrested. There is possibility of absconding of accused and
tampering. Therefore, application shall be rejected.
3. Much has already been discussed in previous bail order dated
21.12.2022, about the nature of offences and legalities of the matter.
Admittedly, investigation is over and charge sheet is filed.
Accused/present applicant is also in custody for substantial time. The
nature of the evidence is mainly documentary or in electronic form which
is already collected and possibility of tampering is almost nil. There is no
need to discuss those repeated aspects and observations made previously
also needs due consideration.
4. The applicant though having origin of China, but now an Indian
Citizen, residing at Banglore, born at Kolkata, West Bengal. Other
accused are already on bail. The role attributed is not much serious as
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C. C. No. 1904 PW 2022 State Vs J. Sudhakar Reddy and ors.
CNR No.MHMM18-009146-2022
compared to other main accused persons. The applicant is a translator by
profession and there are dependents on him. Considering all these aspects,
observations made in the previous bail orders and other facts and
circumstances, I am of the opinion that this is a fit case to grant the bail.
Accordingly, following order -
ORDER
a. The bail Application is allowed and accused is released on bail on
same terms and conditions as laid down in previous bail order dated
21.12.2022.
b. 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.
MUMBAI (KOMALSING RAJPUT)
DATE – 04.01.2023 M.M., 12TH COURT, BANDRA, MUMBAI
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