Bombay High Court
Mukesh Ambalal Mehta vs The State Of Maharashtra on 11 January, 2023
Author: M. S. Karnik
Bench: M. S. Karnik
2023:BHC-AS:1739
Darshan Patil 18-ba-46-23.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
BAIL APPLICATION NO. 46 OF 2023
Mukesh Ambalal Mehta ..Applicant
VS.
The State of Maharashtra ..Respondent
Ms. Tripti R. Shetty for the Applicant.
Mr. S. V. Gavand, APP for the State.
S.P. Kamble, PSI, Dahisar Police Station is present.
CORAM : M. S. KARNIK, J.
DATE : JANUARY 11, 2023
P.C. :
1. Heard learned counsel for the applicant and learned
APP for the State.
2. This is an application for bail filed by the applicant -
Mukesh Ambalal Mehta, in connection with C.R. No. 572 of
2022 registered with Dahisar Police Station, for the offence
punishable under sections 420, 465, 467, 468, 471, 201 and
read with 34 of the Indian Penal Code, 1860.
3. Priority was given for listing this application as it was
mentioned by the learned counsel for the applicant that the
applicant suffers from medical conditions. The prisoner's
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medical report dated 10/01/2023 is placed on record. It is
indicated that the applicant was admitted from 21/12/2022
to 30/12/2022. The applicant is known case of Hypertension
since 15 years, known case of Kidney disease since 30
years, known case of Ischemic Heart Disease and known
case of COPD on Rotahaler since 15 years. The applicant is
reported as being vitally and Haemodynamically stable. The
applicant is medically examined by the Sir J.J. group of
Hospital.
4. So far as merits are concerned it is a case that one of
the bank employee cheated the complainant to the tune of
Rs.17,20,197/-. The said amount without the knowledge of
the complainant was transferred from her account by NEFT
transaction. An amount of Rs.13,07,229/- in the bank
account of the applicant is frozen. An amount of
Rs.6,20,000/- was transferred to the account of the co-
accused. So far as the applicant is concerned, learned
counsel for the applicant pointed out that an amount of
Rs.2,80,000/- was already deposited by way of a demand
draft before the Magistrate Court.
5. The applicant was arrested on 15/06/2022 and is in
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custody for almost 6 months. The charge-sheet is filed and
the investigation is complete. The main accused appears to
be the employee of the bank who has transferred the
amount from the account of the complainant. The applicant
is suffering from medical conditions, there is nothing to
indicate that the applicant is a flight risk and that he will
avoid attending trial Court. No criminal antecedents are
reported. Therefore, no further incarceration is needed.
Hence, the following order.
ORDER
(a) The applicant- Mukesh Ambalal Mehta, in connection with C.R. No. 572 of 2022 registered with Dahisar Police Station, shall be released on bail on furnishing P.R. bond in the sum of Rs.25,000/- with one or more sureties of the like amount.
(b) The applicant is permitted to furnish cash bail surety in the sum of Rs. 25,000/- for a period of 6 weeks in lieu of surety.
(c) The applicant shall report to the concerned police station once a month i.e. on first Monday of every month between 10.00 a.m. and 12 noon and thereafter as and when called.
(d) On being released on bail, the applicant shall furnish his contact number and residential 3/4 ::: Uploaded on - 16/01/2023 ::: Downloaded on - 29/05/2023 01:26:12 ::: Darshan Patil 18-ba-46-23.doc address to the Investigating Officer and shall keep him updated, if there is any change.
(e) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with facts of case so as to dissuade him from disclosing the facts to Court or any Police Officer. The applicant should not tamper with evidence.
(f) If it is found that the said demand draft of Rs.2,80,000/- is not deposited then the same shall be deposited within a period of 4 weeks from today before the Magistrate's Court.
6. The application is disposed of.
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