Order 4

Order Details: Bail Order
Pdf Text: C. C. No. 2262 PW 2022 State Vs Shamal @ Ravi and ors.
CNR No.MHMM18-010467-2022
ORDER BELOW BAIL APPLICATION NO.4447/2022
1. Perused record. Heard both the sides.
2. The present application filed under Section 437 of Code of
Criminal Procedure for bail by accused persons/applicants Mr. Ranjit
Suresh Sarkar and Mr. Bhakto Pralhad Makhan Sutradhar, contending that
they are falsely implicated in this matter, they are innocent and they had
not committed any offence. Investigation is over. They have no criminal
antecedents. They are permanent resident of Mumbai and are ready to
remain abide by the conditions, if any, imposed, etc.
3. Ld. A.P.P. objected to it stating that offence is serious and the
allegations are well founded. Charge sheet is filed and prima facie
involvement of the accused persons noticed in the incidence pertaining to
receiving of stolen property. They are residents of other States. There is
possibility of tampering and it is also possible that they may not turned up
for trial, etc.
4. During arguments Ld. Advocate for the accused besides the
grounds mentioned in the application contended that the mother of
accused Mr. Bhakto Pralhad Sutradhar, is suffering from cancer and in its
last stage. The contentions raised in the application for bail are somewhat
shabbily mentioned. But the record reflects that main allegations against
both these applicants are only in respect of receiving stolen property.
Further, charge sheet is filed and investigation is over. The accused are
ready to remain abide by the conditions.
5. Accused are in custody since the month of September 2022. They
have no criminal antecedents. There are families dependent on them.
6. On being inquired, with Ld. Advocate about the fact that why the
ground of suffering from cancer not pleaded, he submitted that he
received somewhat vague instructions and ready to produce documents to
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C. C. No. 2262 PW 2022 State Vs Shamal @ Ravi and ors.
CNR No.MHMM18-010467-2022
that effect. He is working for N.G.O. Helping Hand, and filed this
application on instructions of some Government Official from West
Bengal State. He submitted that all the relatives are with the mother of
accused and immediately those documents can not be produced that she is
in the last stage of cancer.
7. Considering these aspects, the nature of allegations made against
present applicants/accused persons i.e. those are only in respect of
receiving of stolen property and as investigation is over and charge sheet
already filed, the application needs to be allowed. Therefore, following
order -
ORDER
a. Application is allowed.
b. Accused are released on bail on his furnishing P.B. and S.B. of
Rs.20,000/- each. Permission granted to deposit cash security instead of
surety bond.
c. Accused persons shall furnish their detail addresses and proofs
thereof.
MUMBAI (KOMALSING RAJPUT)
DATE – 11.11.2022 M.M., 12TH COURT, BANDRA, MUMBAI
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