ALPESH BHAGAVANDAS PATEL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By this application, the applicant/accused No.7 Alpesh Patel is seeking his release in Crime No. II-25 of 2017 for offences punishable under Sections 420,465,468,471 r/w 34 of the Indian Penal code, 4(A), 5 of the Public Gambling Act and 25(C) of Indian Telegraph Act registered with police station Kasarwadi Police Station, Thane at the instance of Roshan Devre Police Sub inspector on 22.09.2017. Heard finally with consent of the parties.

(2.) Heard the learned advocate appearing for the applicant/accused No.7. He argued that even if case of the prosecution is considered as it, then also it reflects that the applicant is accused of commission of a bailable offence as he was acting as courier for receiving an amount of Rs. 5 lakh. The prosecution case itself shows that he could not receive so called amount and prior to receipt of that amount by the applicant he came to be intercepted by the police. It is further argued that after rejection of his bail application by the learned Magistrate, the applicant had moved similar application before the learned additional Sessions Judge, as the same was not entertained it was withdrawn.

(3.) The learned APP has not disputed the fact that the applicant, according to the prosecution case, had came to co-accused Pravin Behara for receiving Rs. 5 lakh on 3.10.2017 but prior to receipt of that amount, he came to be apprehended by police. She opposed the application contending that the crime in question is serious and in past one similar offence was registered against the present applicant.