Bombay High Court
Laxman Alias Kartik Chandanshive vs The State Of Maharashtra on 19 August, 2022
Author: Bharati Dangre
Bench: Bharati Dangre
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
BAIL APPLICATION NO.3562 OF 2021
Laxman alias Kartik Chandanshive .. Applicant
Versus
The State of Maharashtra .. Respondent
...
Mr.Ganesh K. Sovani i/b Ranjana Humane for the Applicant.
Ms.A.A.Takalkar, A.P.P. for the State/Respondent.
PI Kamble attached to Vile Parle Police Station, present.
...
CORAM: BHARATI DANGRE, J.
DATED : 19th AUGUST, 2022
P.C:-
1. The applicant is facing charge under Sections 395, 170,
120-B, 414 read with Section 34 of I.P.C. in Sessions Case
No.535 of 2021 and by the present application, he seeks his
release on bail on the ground that the co-accused, who have
been attributed a serious role in the charge-sheet, are already
released on bail.
Learned counsel has placed on record the orders passed
in case of the co-accused Nos. 1, 2, 3, 4, 9, 11 and 14.
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2. Heard the learned counsel for the applicant and learned
A.P.P. for the State. Perused the material compiled in the
charge-sheet.
3. The case of the prosecution on the basis of C.R.No.I-60 of
2021 lodged at Vile Parle Police Station is to the effect that,
accused No.1-Dinesh Dureja wanted to transfer Rs.12 Crores to
Canada. For that purpose, he contacted accused No.2-Gafoor
Mohammed, who in turn contacted Dr.Prasad. Dr.Prasad
directed the accused Nos.1 and 2 to accused No.3-Dinesh
Pathare. In furtherance of the conspiracy hatched by the
accused persons, they all went to Airport Taj Hotel, Vile Parle,
Mumbai on 15/02/2021 and met accused No.4-Arif Sayed. A
meeting took place with the absconding accused-Rakesh
Pandey and Sudhir Bhuleshankar.
As per prosecution, accused No.1 expressed his intention
to transfer Rs.20 Crores instead of the original amount of
Rs.12 Crores, out of which it was decided that sum of Rs.2
Crores will be given to accused Nos.3 and 4. Accordingly, on
17/02/2021, an amount of Rs.12 Crores was brought to "Bawa
International Hotel", Vile Parle, Mumbai and it was sent to one
Patel Angadia, Malad, Mumbai and when the amount reached
to Malad, it was counted by co-accused Tushar and Sudhir. It
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is alleged that some persons impersonated themselves as
police and took the entire amount of Rs.12 Crores, accusing
that the amount belongs to terrorist fund and it was
confiscated alongwith the mobile phones of accused Nos.1 and
2.
4. In the wake of the accusations, the investigation was
completed and charge-sheet came to be filed. The case of the
prosecution is crystallized through the statements of various
witnesses, including Prakash Sethi and Yashwant Singh.
As per the statement of Vikas Sethi, after the money was
counted in the office at Malad, four persons in civil clothes
arrived there and disclosed to them that they are police
personnel and questioned them about what was happening. As
per the witness, he and Tushar were taken in custody and the
four persons brought the bags filled with money downstairs,
where two cars were waiting. Vikas and Tushar were made to
sit in two different cars and they were brought to residence of
Tushar at Goregaon. The witness specifically identified the
three persons as Dinesh Dureja, Gafoor Mohd. and Dinesh
Pathare and also named four persons, who had impersonated
themselves as police.
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5. None of the witnesses has mentioned the applicant to be
a part of the first incident of transferring the money or the
second incident, where the money was confiscated. A limited
role attributed to the applicant, who is arraigned as accused
No.10, is his participating in the conspiracy and it is alleged
that he was present at the time of first incident and he gave tip
of movement of the booty at Malad Angadia office to the
wanted accused Tushar Khandagale.
Learned A.P.P. states that the applicant has been
identified by Vikas Sethi, whose statement is compiled in the
charge-sheet. When the said statement is perused carefully, it
is apparent that he has narrated the actual version of the
happenings and has particularly identified the persons, but
there is no mention in his statement about the presence of the
applicant. Learned A.P.P. states that the applicant was waiting
outside, but from the statement of Vikas Sethi, the said
statement stands falsified.
In any case, the applicant is not the person, who was
present inside the office, when the cash was confiscated. Co-
accused Dinesh Pathare, who is specifically named, is already
released on bail on 24/09/2021. Apart from him, co-accused
Dinesh Dureja and Arif Sayed, who are alleged to have
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participated in dacoity at Malad Angadia office, are also
released on bail. Asif Sayed, who is accused of looting the
booty at Vile Parle hotel, is also released on bail. There is no
reason why the benefit of these orders shall not be extended to
the present applicant with a limited role being attributed to
him. He, therefore, deserves his release on bail.
: ORDER :
(a) Application is allowed.
(b) Applicant -Laxman alias Kartik Chandanshive
shall be released on bail in connection with C.R.No.I-60 of 2021 registered with Vile Parle Police Station on furnishing P.R. Bond to the extent of Rs.15,000/- with one or two sureties in the like amount.
(c) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing the facts to Court or any Police Officer. The applicant shall not tamper with evidence.
(d) The applicant shall mark his attendance on First Monday of every trimester between 10.00 a.m. to 12.00 noon, till framing of charge and, thereafter, shall abide by the directions issued by the trial Court.
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(e) On his release, the applicant shall provide is
contact number and address of his residence to the Investigating Officer.
( SMT. BHARATI DANGRE, J.) M.M.Salgaonkar ::: Uploaded on - 20/08/2022 ::: Downloaded on - 21/08/2022 10:01:11 :::