Vijaykumar Ramjanam Singh v. The State Of Maharashtra
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.69 OF 2024 Vijaykumar Ramjanam Singh ...
Applicant V/s.
The State of Maharashtra & Anr.
...
Respondents ------------------- Mr. Anil D'Souza i/by Ernest Tuscano, for the Applicant. Mrs. Veera Shinde, APP, for the Respondent/State. Mr. Tamboli, PSI, Virar Police Station, present. ---------------------
CORAM
:
ANIL S. KILOR, J.
DATE :
3RD JULY, 2024.
Digitally signed by VARSHA DEEPAK GAIKWAD Date:
2024.07.03 17:47:39 +0530 PC:
VARSHA DEEPAK GAIKWAD 1.
Heard.
2.
By this application under Section 439 of the Code of Criminal Procedure the applicant is seeking bail in Crime No.3 of 2021, registered with Virar Police Station, for the offences punishable under Sections 420, 406, 409, 467, 468, 471 and 34 of the Indian Penal Code (for short, 'IPC') and Sections 3 and 4 of the Maharashtra Protection of Interest of Depositors (in Financial Establishments) Act 1999 (for short, 'MPID', Act).
3.
The learned counsel for the applicant at the outset submits that the allegations against the applicant is of cheating and forgery. It
is submitted that total amount of all the seven victims are Rs.25,44,840/- out of which Rs. 8,20,000/- is lying in the bank account which has already been seized by the Investigating Officer. 4.
He further submits that the remaining amount, the applicant is ready to pay by selling his residential flat and therefore, he submits that if bail is granted, on release of the applicant, he will take steps to sell the flat and deposit the balance amount. 5.
On merit, it is evident from the charge-sheet that during the investigation, the Investigating Officer has collected all the relevant documents including the documents which alleged to have forged by the applicant. Thus, all the relevant documents are in custody of the Investigating Officer.
6.
Furthermore, the applicant is in jail from last about one year.
7.
In the circumstances, considering the undertaking given by the applicant to this Court, coupled with the fact that the further custody of the applicant is not necessary, I am of the opinion that the applicant is entitled for grant of bail.
8.
The affidavit of wife of the applicant in the form of undertaking is taken on record and the same has been accepted as an undertaking given by the applicant. Accordingly, I pass the following order:
ORDER
i) Criminal application is allowed;
ii) It is directed that the applicant shall be released on bail in Crime No.3 of 2021, registered with Virar Police Station, for the offences punishable under Sections 420, 406, 409, 467, 468, 471 and 34 of the Indian Penal Code (for short, 'IPC') and Sections 3 and 4 of the Mharashtra Protection of Interest of Depositors (in Financial Estblishments) Act 1999 (for short, 'MPID', Act), on furnishing P.R.Bond of Rupees Twenty-Five Thousand with one solvent surety in the like amount;
iii) The applicant shall attend the said Police Station on 1st and 16th day of every month between 12.00noon to 2.00p.m., till the conclusion of the trial except on the date of trial;
iv) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case, as also not tamper with the evidence;
v) Liberty is granted to the State as well as to the informant to apply for cancellation of bail in case of breach of undertaking given by the applicant by way of affidavit of his wife dated 20/01/2024.
vi) The applicant shall attend the trial before the Special Court regularly on every date unless exemption is granted by the Special Court.
9.
The Criminal Application is disposed of accordingly. (ANIL S. KILOR, J)