Bombay High Court
Vikram Sujit Das And Ors vs The State Of Maharashtra on 18 December, 2020
Author: Sarang V. Kotwal
Bench: Sarang V. Kotwal
1/4 03-ABA-1033-20.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
ANTICIPATORY BAIL APPLICATION NO.1033 OF 2020
1. Vikram Sujit Das
2. Subrat Sujit Das .... Applicants
versus
State of Maharashtra .... Respondent
.......
• Mr.Kishor M. Maru, Advocate for Applicant.
• Ms.Pallavi N. Dabholkar, APP for the State/Respondent.
CORAM : SARANG V. KOTWAL, J.
DATE : 18th DECEMBER, 2020
P.C. :
1. The Applicant is seeking anticipatory bail in connection
with C.R.No.261/2019 registered with D.B.Marg Police Station,
under sections 419, 420 read with 34 of the Indian Penal Code.
2. The prosecution case is that the complainant Anil Shah
had a mobile phone application for paying money. He received a
call and his application was hacked. An amount of Rs.1,50,000/-
from his bank account was siphoned off unauthorizedly. He
Nesarikar
2/4 03-ABA-1033-20.odt
lodged FIR. The investigation was carried out. At the first
instance three accused were arrested and the chargesheet is filed
against them.
3. Heard Mr.Kishor M. Maru, learned counsel for the
Applicant and Ms.Pallavi N. Dabholkar, learned APP for the
State.
4. Learned counsel for the Applicants submitted that the
Applicants are at present in jail in Jamtara, Jharkhand in
connection with a different offence. The charge-sheet filed
against the other accused in the present case does not ascribe
any role to the present applicants. Therefore there is no basis for
investigating agency to seek their arrest.
5. Learned APP on the other hand submitted that the
investigation was still continued and during further
investigation, it was revealed that one Badri Mandal is involved
in this offence. He is absconding. Learned APP submitted that
3/4 03-ABA-1033-20.odt
Badri Mandal had committed similar offences along with present
Applicants and therefore it is suspected that both the Applicants
are involved in the present offence also.
6. I have considered these submissions. As rightly pointed
out by the learned counsel for the Applicant, the charge-sheet is
filed against other accused. The charge-sheet does not make any
reference to the present Applicants.
7. The Applicants are already in custody in some different
offences in different states. Today, the investigating agency does
not have concrete material, which would give rise to a
reasonable suspicion against the present Applicant in connection
with the present offence, though they may have committed
different similar offences in collusion with the other accused.
Therefore today I am inclined to protect the Applicants by way
of an interim order till the next date. However, certain
conditions will have to be imposed, so that the investigation is
not hampered.
4/4 03-ABA-1033-20.odt
8. Hence, the following order :
ORDER
(i) In the event of their arrest in connection with C.R.No.261/2019 registered with D.B.Marg Police Station, till the next date, the Applicants are directed to be released on bail on their furnishing PR bond in the sum of Rs.25,000/- (Rupees Twenty Five Thousand Only) each, with one or two sureties each, in the like amount.
(ii) The Applicants shall provide their residential address and contact numbers so that if they are released on bail in connection with the offence in which they are in custody, they can be contacted by the present investigating agency.
(iii) This order shall operate till 09/02/2021.
(iv) Stand over to 09/02/2021.
Digitally signed by Pradeepkumar Pradeepkumar P. Deshmane P. Deshmane Date:
2020.12.21 16:39:20 +0530 (SARANG V. KOTWAL, J.)