Final Order 1

Pdf Text: IN THE COURT OF METROPOLITAN MAGISTRATE,
66TH COURT, ANDHERI, MUMBAI.
C. C. No.308/PW/2017 M.E.C.R. No. : 524/2016.
141/Misc/2018. Police Station : Powai.
Order below application for cancellation of bail of accused
moved by complainant/applicant viz. Jeevanjyot Kaur Bansal.
This is an application filed by prosecutrix to cancel the bail of
accused viz. Kulvinder Bansal, which is granted by this court in B.A.
No. 576/BA/2016, dtd.25/11/2016, in C. R. No. 524/2016 of Powai
police station. It is avered that, accused is husband of
prosecutrix/applicant. Accused committed an offence P.U.S. 326, 323,
504 of Indian Penal Code and was released on bail by this court, by
impoising certain conditions upon him, which are mentioned in
Paragraph No. 2 of application. It is submitted that, accused failed to
follow the conditions and gave threats to applicant. Accused is forcing
to withdraw the complaint, accused and his parents are also
presurrizing applicant/complainant. Therefore, she lodged N.C.
complaint No. 215/2018 dtd.17/01/2018. Accused have failed to obey
the order passed by this court dtd.25/11/2016 and misused liberty
granted to him. Hence, applicant/complainant prayed for cancellation
of bail.
2. Reply of accused was called. Accused have resisted
application of applicant by filing his reply. It is at (Exh.4 ). It is
submitted that, he married with applicant, on 12/12/1997 and out of
their said wedlock they begotten 3 children out of which, two are of age
18 years and one 12 years respectively. He has not breached any
condition of bail. The application is false and frievolous, so also,
supressing true facts. N.C. is filed creating false evidence, there is no
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tampering of evidence. Hence, accused is prayed for rejection of
application.
3. It is not disputed that, applicant/complainant and accused are
wife and husband. It is also not disputed that, there are certain
proceedings going on amongst them. Therefore, it is seen that, there is
family dispute between parties.
4. Noting is on record to show that, accused is hardened
criminal or having criminal anticidents, though it is clear that, there are
family dispute between complainant and accused. There is noting on
record to show that, accused has misused bail order. Accused might
have access to complainant. Mearly filing of N.C. complaint does not
means that, accused has committed any crime, which is yet not decided.
It is matter of rule that, jail is exception and bail is rule. Therefore, in
view of above circumstances, considering relation of
applicant/complainant and accused, I am not inclined to cancel the bail
of accused. Therefore, application is liable to reject. Hence, I pass
following order.
ORDER
The application for cancellation of bail of accused viz.
Kulvinder Bansal, moved by complainant/applicant viz.
Jeevanjyot Kaur Bansal, is hereby rejected.
Date : 11/04/2018.
SRD.
Sd/
(I. R. Shaikh)
Metropolitan Magistrate,
66th Court, Andheri, Mumbai.
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IN THE COURT OF METROPOLITAN MAGISTRATE,
66TH COURT, ANDHERI, MUMBAI.
C. C. No. 3044/PW/2016 C.R. No. : 428/2016.
Police Station : Powai.
Order below application for cancellation of attendance
moved by accused/applicants viz. Bhimrao Mahadev Sadavarte and
Santosh Bhimrao Sadavarte.
Accused viz. Bhimrao Mahadev Sadavarte and Santosh
Bhimrao Sadavarte, have moved the present applications and thereby
prayed to cancell their attendance. Application of accused/applicants
is supported with their attendance sheet.
2. Ld. A.P.P. filed his say, contending therein that, necessary
order may be passed.
3. Perusal of record. It seems that, this court has released
accused on bail, on 24/11/2016 and thereby imposed condition to
attend the Powai police station on every alternate Monday in between
04.00 p.m. to 06.00 p.m. till further order. Now Powai police have filed
chargesheet against accused. Hence, it is not justified to continue the
attendance of accused with Powai police station. Accordingly, I pass
following order :
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ORDER
1 The application for cancellation of attendance moved by
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accused/applicants viz. Bhimrao Mahadev Sadavarte and
Santosh Bhimrao Sadavarte, are hereby allowed.
2 Condition to attend the Powai police station is hereby
cancelled, however accused/applicants shall remain
present before Investigation Officer, as and when called
by him.
Date : 19/04/2017.
Srd.
(A. D. Lokhande)
Metropolitan Magistrate,
66th Court, Andheri, Mumbai.
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IN THE COURT OF METROPOLITAN MAGISTRATE,
66TH COURT, ANDHERI, MUMBAI.
C. C. No. 3044/PW/2016 C.R. No. : 428/2016.
Police Station : Powai.
Order below application for cancellation of attendance
moved by accused/applicants viz. Shantaram Ramchandra Yedge.
Accused viz. Shantaram Ramchandra Yedge, have moved the
present application and thereby prayed to cancell his attendance.
Application of accused is supported with his attendance sheet.
2. Ld. A.P.P. filed his say, contending therein that, necessary
order may be passed. Whereas Investigation Officer have failed to file
his say.
3. Perusal of record. It seems that, this court has released
accused on bail, on 10/10/2016 and thereby imposed condition to
attend the Powai police station on every alternate Monday in between
04.00 p.m. to 06.00 p.m. till further order. Now Powai police have filed
chargesheet against accused. Hence, it is not justified to attend
continued the attendance of accused with Powai police station.
Accordingly, I pass following order :
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ORDER
1 The application for cancellation of attendance moved by
accused/applicant viz. Shantaram Ramchandra Yedge, is
hereby allowed.
2 Condition to attend the Powai police station is hereby
cancelled, however accused shall remain present before
Investigation Officer, as and when called by him.
Date : 01/04/2017.
Srd.
(A. D. Lokhande)
Metropolitan Magistrate,
66th Court, Andheri, Mumbai.
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IN THE COURT OF METROPOLITAN MAGISTRATE,
66TH COURT, ANDHERI, MUMBAI.
C. C. No. 3044/PW/2016 C.R. No. : 428/2016.
Police Station : Powai.
Order below application for cancellation of attendance
moved by accused/applicants viz. Jitendra Bumbbahadur Singh and
Pradeep Indrapal Singh
Accused viz. Jitendra Bumbbahadur Singh and Pradeep
Indrapal Singh, have moved the present applications and thereby
prayed to cancell their attendance. Application of accused Pradeep
Indrapal Singh, is supported with his attendance sheet.
2. Ld. A.P.P. filed his say, contending therein that, necessary
order may be passed. Whereas Investigation Officer have failed to file
his say.
3. Perusal of record. It seems that, this court has released
accused on bail, on 10/10/2016, 24/11/2016 and thereby imposed
condition to attend the Powai police station on every alternate Monday
in between 04.00 p.m. to 06.00 p.m. till further order. Now Powai
police have filed chargesheet against accused. Hence, it is not justified
to attend continued the attendance of accused with Powai police
station. Accordingly, I pass following order :
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ORDER
1 The applications for cancellation of attendance moved by
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accused/applicants viz. Jitendra Bumbbahadur Singh and
Pradeep Indrapal Singh, are hereby allowed.
2 Condition to attend the Powai police station is hereby
cancelled, however accused shall remain present before
Investigation Officer, as and when called by him.
Date : 30/03/2017.
Srd.
(A. D. Lokhande)
Metropolitan Magistrate,
66th Court, Andheri, Mumbai.
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IN THE COURT OF METROPOLITAN MAGISTRATE,
66TH COURT, ANDHERI, MUMBAI.
C.R. No. : 341/2013.
Police Station : Amboli.
Order below application for cancellation of attendance
moved by accused/applicant viz. Kiran Jagannath Desai.
Perused application moved by accused/applicant viz. Kiran
Jagannath Desai. By virtue of present application, it is contended by
accused/applicant that, he is attending Amboli police station, as per the
order of this court, since 23/12/2013. it is further contended by
accused/applicant that, till today police have not filed a chargesheet
and it is finding difficult to accused to attend the police station. Hence
he prayed to cancell his attendance.
2. Investigation Officer filed his say contending that, accused has
attended Amboli police station till the date and also cooperated with
police in investigation, hence, there is noobjection to cancell his
attendance.
3. I have gone through case papers. Documents supported with
his application shows that, accused attended Amboli police station, as
per conditions putforth on him, while releasing him on bail since
23/12/2013. It is a considerable time, wherein investigation machinery
have not filed chargesheet against accused. In this regard, it is not just
and proper to ask accused to attend Amboli police station further more.
Accordingly, I pass following order :
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ORDER
1 The application for cancellation of attendance moved by
accused/applicant viz. Kiran Jagannath Desai, is hereby
allowed.
2 Condition imposed on accused/applicant viz. Kiran
Jagannath Desai, to attend Amboli police station is hereby
relaxed.
Date : 28/01/2016.
Srd.
(A. D. Lokhande)
Metropolitan Magistrate,
66th Court, Andheri, Mumbai.
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