Full Order Text
Final Order 1 · 30 Apr 2025 · CNR MHMM180126202025
Order Details: Bail Order Pdf Text: Bail Order IN THE COURT OF ADDL.CHIEF JUDICIAL MAGISTRATE, 9TH CÌURT, BANDRA, MUMBAI C.C.NO,725/PW/2025 2. C.R.No.965/2025 Khar police Station. U/Sec.420, 406 r/w.34 of PC Order on Bail application No.1110/BA/2025 Passed on 30.04.2025) This is an application seeking release of the accused No. 2 Rahul Girish Shah on bail. bail. It is stated that the accused has been arrested 17/01/2025 and since 21/01/2025, he is in MCR. It is stated that he is falsely implicated. He did not forge any document nor misrepresented any fact to the bank authorities. He is not even the beneficiary of the loan amount and not signatory to any document. No role attributed to the present accused has been focused in the FIR. He is the resident of Mumbai and thus no chances of fleeing away. The charge-sheet is also filed. The cO-accused who were the actual borrowers of the loan were given notice under Section 41 and were not arrested by the police during the entire investigatin. During investigation nothing is recovered from the accused. With the assurance to abide by the terms and conditions imposed by the Court, he prayed for bail. Ld. A.PP has resisted the application stating that he is a habitual offender. Similar case of cheating is pending against him at Achole Police Station having C.R.No.469/2024. The said fact has been concealed by the accused. Further, he is the main accused in the present case. In the event of his release, he may misuse the liberty. -- 1 of 5 -- Hence, sought rejection. 3. 4. -- 2 -- Gone through the respectful Hence, G.RNO965/ 2025 that the prosecution's theory reveals of the betweenS.VC.C. Co-operative Bank with accused No.1 and 3 as borrowers s against the purchase of car i.e. Mahindra Thar having registrationNo.GJ-06-PK-8725. The loan amount granted to accused No.1 and 3 Manager, Revati Shetty. 5. Bail Order submissions of Ld. Counsels. On going through the abovesaid arguments, it is to be seen was Rs.l6,84,000/-. It was granted to them after due verification and requisite procedure and even it was deliver to accused No.1. But the same was produced by accused No.1 on 15/03/2023 to the bank for inspection after repeated request and pursuasion. Even, the EMI of Rs.35,000/- per month was paid by her from December 2022 to December 2023. But since January 2024 to April 2024 the EMI's werenot paid. On enquiry the Branch Manager revealed that it Waspurchased by accused No.2 in her name on commission and as accusu No.2 was arrested in C.R.No.469/2023 at Achole Police Station, u EMI's were withheld. The remaining EMI's were not paid by them.the offence came to be registered on the report of the Branch loan transaction It is required to be noted that the car has already beeen seized. The necessary documents are also seized from possession of the informant as regards the loan transaction. Further, accused No.2 is a professional Chartered Accountant. Irrespective of itcannot be lost sight of that the investigation is entirely completed and the car by accused No.2 in the name of the charge-sheet is filed. Further, though the allegations of the allegations, it purchasing -- 2 of 5 -- 1. be paid to her are there, there is no documentary evidence placed on record. No agreement to that effect has been signed by the accused No.2 in favour of accused No.1. Therefore, mere allegations of vague nature could not suffice. It is worth to note that the prime accused i.e. accused No.1 and 3 who entered into the loan transaction with SVCC Bank were not arrested by Police Station,Khar during the entire investigation. On filing of the charge-sheet, they being on notice under Section 41 Cr.PC., were granted bail by this Court. As such when the main accused are already on bail and the investigation is totally completed, there is no propriety to keep accused No.2 behind bars. Hence, his release on certain terms and condition would be justified. Hence, the order. 2. 3. 4. --3- ORDER Accused Rahul Girish Shah be released on bail on his executing PR.Bond of Rs.15,000/- (Rupees Fifteen Thousand Only) with one surety in the like amount or cash surety in the like amount. The accused shall not influence any witness or tamper any evidence in any manner. Date :- 30.04.2025 The accused shall not leave the jurisdiction of Mumbai without prior permission of the Court. The accused shall attend the Court on each date of hearing unless specifically exempted. C.RNO.965/ 2025 Bail Order (A.KÁWari ) Addl. Chief Judicial Magistrate, 9th Court, Bandra, Mumbai. SoooCash bail Amount of Rs. Depos1ted by the Accused vide Receipt No. oJ4366 Head Cashier ACJM Bandra Court. Mumbat -- 3 of 5 -- NDIA IN THE HON, SESSIONS/CHIEFLD. CHIEF JUDICIAL MAGISTRATE'S V/s Bandd COURTAT Case No. a5 PW 2028 of20 State ar Poéce staion q Rah Ginsh hah APPLICATION FOR MAYITPLEASE YOUR WORSHP: FOR 3e ekihg peumision hle Bou appWcdhon t ACeused no-) submitted as under: :0n behalf of the Complainant /Accused abovemaned, it is most respectfully MUMBAI aboe Complainant -no¢ Th aheEe q<oxsaid nuatie iopindg bajove Date Accused no] -hot AaLsRd no u in ucdiciol Cashod '-That am Seekine pamssisn todde Rail pplcabon AccLAed no ThuseeeHence Ruehy Requebted bEe ttais Hon' ble Lat Mumbai Banda e223|Apil/2025 ta leBnil Dpplicaion hjox This naháe Juotee, And for this act of kindness, the Complaint/ Accused shall ever remain grateful. Tusice Advocate for th Complainant/Accused Adu Asha Khoti -- 4 of 5 -- EINDIA n IN THe FIRST cLASS, AT BANDRA, MuM BA| State (Khar Police Stotion) Kahul Ginsh Shah Case : 725) pwl 202s MoST RESPE CTVLY SHE WETH: t is mostly respectflly submitteodl on beholf of the aceuseo above named to be qsnted baul APPLICATION FOR (OMAyIM, BAIL ORDER of thio ton ble Cout. 2 Thot the |: That the accused aboUe na ed wos vide orole date l .. (omplainant AccUseo no-1 unole: eve prcy Place~ MumB aevsed wants to comply wth the baul orcleu Ad wnto to deposit R- is, ooo| ie cash bail CmoUnt with thi Hon'bu Cout od pleased o aboue circums tonces, it is most humbly paye that this tonble Ceut may kindly be pl tur the aceese to comnply with ba'l orca ol to uposit th cash boil anount in the best inteeyt of Jushio. Anol fy (his Aet of kindhess the aceusd shal Av.o tecused -- 5 of 5 --