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Bombay High CourtBA/2816/2018bail granted

Rajesh Raghunath Chavan v. The State Of Maharashtra

2019-02-08Hon'Ble Shri Justice Prakash D. Naik3 pages

rpa 1/3 5-ba-2816-18.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.2816 OF 2018 Rajesh Raghunath Chavan .. Applicant Vs.

State of Maharashtra .. Respondent ......

Meghna Gowalani i/b. Mr.A.N. Pathan, Advocate for the Applicant.

Mrs.Geeta P. Mulekar, APP for the Respondent - State. Ms.Prachiti Gadkari, WPSI Jogeshwari Police Station, Mumbai, present.

......

CORAM : PRAKASH D. NAIK, J.

DATED :

FEBRUARY 8, 2019.

P.C. :

Applicant is seeking bail in connection with C.R. No.147 of 2017, registered with Jogeshwari Police Station, Mumbai, for the offences punishable under Sections 420, 465, 468, 471 and 120 - B read with 34 of Indian Penal Code ("IPC", for short).

The case of the complainant is that in November 2013, she had gone to the office of MHADA, Bandra with her relatives. She was introduced to one lady working in MHADA office. Thereafter, the said lady had introduced the complainant to Vivek Kadam and Rajesh Chavan. Thereafter, the complainant

rpa 2/3 5-ba-2816-18.doc was called at MMRDA office. The complainant was induced to part with the amount for the purpose of providing the room in MMRDA. It is alleged that the complainant has parted with an amount of Rs.30,00,000/-. On instructions of the co-accused, the cheque was issued in the name of the applicant for an amount of Rs.10,00,000/-.

Learned counsel for the applicant submits that the applicant is in custody from 20th March, 2018. Investigation is completed and charge - sheet is filed. There are no antecedents against the applicant. It is submitted that memorandum statement of the co-accused indicates that the amount of Rs.10,00,000/-, which was given to the applicant was credited by him into his account and out of the amount of Rs.10,00,000/-, 9,00,000/- were given to the said accused. Apparently, the allegations of fabrication of documents are attributed to the other accused. The co-accused is arrested and he is in custody. The other accused, namely, Vedka Vivek Kadam, who was the wife of the main accused has been granted bail. The role attributed to her and the applicant are similar. Considering the fact that the investigation is completed and charge - sheet is filed, bail can be granted to the applicant on certain conditions.

rpa 3/3 5-ba-2816-18.doc Hence, I pass the following order:

:: O R D E R ::

(i) Criminal Bail Application No.2816 of 2018, is allowed;

(ii) Applicant is directed to be released on bail in connection with C.R. No.147 of 2017, registered with Jogeshwari Police Station, Mumbai, on his furnishing P.R.Bond in the sum of Rs.20,000/-, with one or more sureties in the like amount; (iii) Applicant shall attend Jogeshwari Police Station, Mumbai, once in a month on first Saturday of the month between 11:00 a.m. to 01:00 p.m., till further orders;

(iv) Bail Application stands disposed of.

(PRAKASH D. NAIK, J.)