Order 1

Order Details: Bail Order
Pdf Text: C. C. No. 2334 PW 2023 State Vs Raza
CNR-MHMM18-009950-2023
ORDER BELOW BAIL APPLICATION, EXH.5
1. Perused record. Heard both the sides.
2. This is an application filed under Section 437 of Code of Criminal
Procedure, for bail, after filing of charge sheet. It is contended that
accused is innocent and has not committed any offence. He has no
intention to cheat and falsely dragged in the matter. He is reputed person
and will remain abide by the conditions.
3. By way of separate paragraph in the bail application itself, it is
contended that applicant/accused entered into transaction with third
persons for development of certain property. The informant agreed to
purchase the flat from proposed building. Later on the development
agreement failed and another party entered into such transaction with
owner of the property. Accused received payment, but it was paid by him
to newly entrant party and then informant entered into transaction with
the said new party. It was happened since long back and accused was
relieved since then. Therefore, accused has no connection with the
alleged act.
4. Thus, accused admitted the transaction, but pleaded innocence.
However, record is against those contentions. The newly entrant party is
also added as accused persons in the present matter, who are still
absconding. The allegations are specific and there is ample material on
record to draw the inference of active involvement of the accused in the
allegations.
5. The amount involved is high. The transactions though old, the
substantial amount was paid through bank and that too in the account of
applicant himself. The other accused persons are still absconding. There
is every possibility of absconding of present applicant or tampering of
evidence. As such, if all these aspects compared with the grounds
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C. C. No. 2334 PW 2023 State Vs Raza
CNR-MHMM18-009950-2023
assigned, no case of bail made out, even though charge sheet is filed and
investigation is completed. Accordingly, order -
ORDER
Application is rejected.
Sd/-
MUMBAI (KOMALSING RAJPUT)
DATE – 13.02.2024 M.M., 12TH COURT, BANDRA, MUMBAI
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