MHCC020088872022
IN THE SESSIONS COURT FOR GREATER MUMBAI
AT MUMBAI
CRIMINAL BAIL APPLICATION NO.1635 OF 2022
(CRIME NO.21 OF 2022, N. M. JOSHI MARG POLICE STATION)
CNR No.MHCC02-008887-2022
Abrar Akbar Shaikh,
Aged about 27 years,
R/o. : Room No.21, Rationwala Bldg.,
Chikhalpada Chawl, Faras Road,
Mumbai Central – 400 008.

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… Applicant/
Accused
Vs.
1. The State of Maharashtra,
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2. N.M. Joshi Marg police station, Mumbai. ]
… Respondents
Appearances :Mr. R. F. Jaiswar, Ld. Adv. for applicant.
Mr. J. N. Suryawanshi, Ld. A.P.P. for respondents/State.
CORAM : VISHAL S. GAIKE,
ADDL. SESSIONS JUDGE,
COURT ROOM NO.22.
DATE : 27th July, 2022.
ORDER
1.

This is an application for regular bail under Section 439 of
the Code of Criminal Procedure in connection with Crime No.21 of
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BA 1635/22
2022 registered at N. M. Joshi Marg police station for the offence
punishable under Sections 380, 454 of the Indian Penal Code.
2.

It is the case of the prosecution that, the complainant
Akshata Shankar Kesarkar gave a report that, on 24/01/2022, she had
gone to her grandmother’s house and came back at 12.40 p.m. to her
house. She saw the door of her house was opened and thereafter,
noticed that the lock of the cupboard and drawer was broken. The
ornaments and cash amount kept in the cupboard were not found. The
broken lock of the house was found on the bed. Therefore, she gave
report against unknown person committing theft of cash amount and
gold and silver ornaments from her house.
3.

The say of the Investigating Officer was called. He has
stated that, during investigation, the C.C.T.V. footage of various
locations was examined and the present applicant was arrested on
03/03/2022 on the basis of said footage. His police custody was
obtained from the concerned Court till 09/03/2022. Applicant did not
co-operate during his police custody. His call details reflected that after
the incident, he had gone to Raigad District on 27/01/2022. On
08/03/2022, applicant gave memorandum statement which was
recorded in presence of panch witnesses. Thereafter, the applicant took
the police party and the panchas to a goldsmith shop in village Parali,
Taluka Sudhagad, District Raigad. The goldsmith gave statement that,
the said ornaments were sold to him by the applicant on the ground
that they belonged to him and he was in need of money. The goldsmith
had melted the gold ornaments into a gold bar weighing around 20
grams. The said bar was seized in the presence of panch witnesses. The
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BA 1635/22
Investigating Officer has stated that, applicant is a habitual offender
and he may commit similar offence, if released on bail. He may
abscond and may threaten and pressurise the complainant and
witnesses and hence, the application may be rejected.
4.

Heard the parties. Learned
counsel
for
the
applicant
submitted that, applicant is innocent and has not committed any
offence, as alleged. He has not been convicted in any of the previous
F.I.R. registered against him. Only on suspicion, the police arrested him
and implicated him in the present offence. The investigation is
completed and the charge-sheet is already filed. No further purpose
would be served by keeping the applicant behind the bars. Hence, he
may kindly be released on bail.
5.

Learned A.P.P. vehemently opposed the application and
submitted that, applicant is a habitual offender. Previously, 18 F.I.Rs.
are registered against him under Sections 454, 380 of the Indian Penal
Code. Applicant may abscond, after his release on bail. Therefore, the
present application may kindly be rejected.
6.

I have given thoughtful consideration to the submissions
made on behalf of both the parties. Admittedly, applicant has not been
convicted in any of the previous offences registered against him under
Sections 454, 380 of the Indian Penal Code. The charge-sheet has
already been filed against him. His trial may take time to commence
and conclude. The gold and silver ornaments allegedly stolen from the
house of complainant, were not recovered from the applicant, but only
a gold bar of about 20 grams in weight was recovered and seized from
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BA 1635/22
Raigad District. The presumption of innocence is available to the
applicant till the conclusion of his trial. Any previous registration of
F.I.R. cannot be held as to be an impediment in granting bail to the
applicant in the present matter, if otherwise he is found entitled for the
same. Therefore, in the facts and circumstances of the case, the further
custody of the applicant would serve no purpose. Therefore, I proceed
to pass the following order :ORDER
1.

Bail Application No.1635 of 2022 is hereby allowed.

2.
Applicant Abrar Akbar Shaikh in C.R.No.21 of 2022
registered with N. M. Joshi Marg police station for the offence
punishable under Sections 380, 454 of the Indian Penal Code, shall be
released on bail on executing his P.R. bond of Rs.15,000/- with two
separate sureties in the like amount, and on following conditions :(a)
He shall not tamper with the prosecution witnesses and
evidence ;
(b)
He shall furnish his detail address, mobile/contact number,
address proof and identity proof at the time of furnishing bail ;
(c)
In case of change of his residence or mobile/contact
number, he shall inform it to the Court and Investigating Officer ;
(d)
He shall attend the Court regularly ;
(e)
He shall not leave the jurisdiction of this Court without the
permission of concerned Metropolitan Magistrate ;
(f)
He shall not give any threat or pressurise the complainant
and witnesses in any manner which may dissuade them from disclosing
any fact of the case to the police officer or to the Court.
3.
Bail shall be furnished before concerned Metropolitan
Magistrate.

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4.

BA 1635/22
Bail Application is disposed off accordingly.
Digitally signed
by VISHAL
SADASHIVRAO
GAIKE
Date:
2022.07.29
15:02:29 +0530
( VISHAL SADASHIVRAO GAIKE )
ADDL. SESSIONS JUDGE,
CITY CIVIL & SESSIONS COURT,
GREATER MUMBAI.

Date : 27/07/2022.

Directly typed on Computer on
Printed on
Signed on
: 28/07/2022.
: 29/07/2022.
:
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
UPLOAD DATE AND TIME
29/07/2022 at 3.05 p.m.

NAME OF STENOGRAPHER
Bahushruta Y. Jambhale
Name of the Judge ( With Court H.H.J. Shri Vishal S. Gaike
Room No.)
(Court Room No.22)
Date
of
Pronouncement
JUDGMENT/ORDER
of 27/07/2022.

JUDGMENT/ORDER signed by
P.O. on
29/07/2022.

JUDGMENT/ORDER uploaded on
29/07/2022.