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IN THE COURT OF SESSIONS FOR GREATER MUMBAI AT MUMBAI
CRIMINAL BAIL APPLICATION NO.1832 OF 2022
CNR NO. MHCC020099472022
Abhishek Jitendra Kate
Age: 26 years, Occ.:
R/at : Room No.15/11, Shivdarshan Apartment
New MHADA Colony, Swadeshi Mill Road,
Chunabhatti, Mumbai – 400 024.
…Applicant/Accused
Vs.
The State of Maharashtra
(At the instance of Dadar Railway Police Stn.)
…Respondent/State
Appearances :
Mr. Khalid Azmi, Ld. Advocate for the applicant/accused.
Ms. Ratnavali Patil, Ld. APP for the Respondent/State.
CORAM : H. H. THE ADDL. SESSIONS JUDGE,
SHRI A.A. KULKARNI (C.R. NO.24)
DATED : 30TH JULY, 2022
(ORAL ORDER)
(Dictated and pronounced in the open Court)
This is an application for bail under Section 439 of Cr. P.C.
Heard Ld. Advocate for the applicant and Ld. APP for the State. Perused
documents on record.
2.
The Ld. Advocate for applicant submitted that applicant is
arrested by police in connection with offence punishable under Section
379 of IPC. It is alleged against applicant that he committed theft of
pocket. As per the FIR, offence is registered against unknown persons.
Applicant was in police custody. By taking his custody from other case
he is falsely implicated in this case. Alleged property is already seized.
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Therefore, there is no need of further detention of applicant. Hence,
prayed for grant of bail.
3.
Ld. APP filed say Exh.2 and opposed application on the
ground that applicant is habitual offender. There are other offences
registered against the applicant at different police stations. Still he is
involved in this offence. Therefore, prayed for rejection of the
application.
4.
In view of submissions from both the sides and perusal of
say of police, it revealed that there are six offences registered against
the applicant at different police stations. From submissions of Ld. APP,
applicant is habitual offender. In this case, the offence is registered
against the unknown person. It further revealed that during custody of
applicant, recovery shown to have been made. Therefore, as the offence
is registered against unknown person and guilt of the applicant is not
proved during trial, his pretrial detention would be amount to
punishment. In such circumstances, looking to the background of
applicant, as he committed similar offence, he may be directed to
furnish solvent surety with condition to attend Court for trial as well as
his presence may be monitor by directing him to attend police station to
avoid possibility of his absconding. With such directions, applicant may
be released on bail. Hence, I passed the following order :
ORDER
1.
Criminal Bail Application No.1832 of 2022 is allowed.
2.
Applicant/accused Abhishek Jitendra Kate be released on bail on
his furnishing P.R. Bond of Rs.25,000/ along with one or two
sureties of like amount in connection with C.R. No.631/2022
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registered with Dadar Railway police station.
3.
The applicant/accused shall attend Dadar Railway police station
once in a week till conclusion of trial of this case.
4.
Applicant/accused shall attend trial of this case without fail.
5.
Applicant/accused shall furnish his residential address proof and
contact numbers to Investigating Officer.
6.
Applicant/accused 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 such facts
to the Court or to any Police Officer.
7.
Applicant/accused shall not leave India without previous
permission of the Court.
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Bail before Ld. Court below.
9.
Criminal Bail Application No.1832 of 2022 stands disposed of
accordingly.
Date : 30.07.2022
Dictated on
: 30.07.2022
Transcribed on : 30.07.2022
HHJ signed on : 30.07.2022
[A.A. KULKARNI]
ADDITIONAL SESSIONS JUDGE
GREATER MUMBAI
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
Upload Date
01.08.2022
Upload Time
4.30 p.m.
Name of Stenographer
PRAJWALA V. PHODKAR
Name of the Judge (With HHJ SHRI. A.A. KULKARNI (CR 24)
Court Room No.)
Date of Pronouncement
JUDGMENT /ORDER
of 30.07.2022
JUDGMENT /ORDER signed by 30.07.2022
P.O. on
JUDGMENT /ORDER uploaded 01.08.2022
on