MHCC020101772022
IN THE SESSIONS COURT FOR GREATER MUMBAI
AT MUMBAI
CRIMINAL BAIL APPLICATION NO. 1864 OF 2022
(CRIME NO. 448 OF 2022, TARDEO POLICE STATION)
CNR No.MHCC02-010177-2022
Akbar Abdul Razzak Shaikh
Age 30 years, Residing at DMD 113,
New Approach Road, Behind Post office,
Tulsiwadi, Tardeo Mumbai.

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… Applicant
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… Respondent
Vs.
The State,
(Through Tardeo police station).

Appearances :Mr. Shahid Iqbal, Ld. Adv. for applicant.
Mr. J. N. Suryawanshi, Ld. A.P.P. for respondent/State.
CORAM : VISHAL S. GAIKE,
ADDL. SESSIONS JUDGE,
COURT ROOM NO.22.
DATE : 10th August, 2022.
ORDER
1.

This is an application for regular bail under Section 439 of
the Code of Criminal Procedure in connection with Crime No. 448 of
2022 registered at Tardeo police station under Sections 397, 392, 506
(2) 411 r/w. 34 of IPC alongwith Sections 4, 25 of the Indian Arms Act,
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1959 alongwith Section 37(1) and Section 135 of Maharashtra Police
Act.
2.

It is the case of the prosecution that, complainant Santosh
Shivaji Shinde who is an employee of Mumbai Municipal Corporation
gave report that at present he is posted in D-Ward, Nana Chowk,
Tulshiwadi Sanitation Chowki as a worker. He is working from 11.00
pm to 6.00 am and his responsibility is receiving the emergency calls in
the said Chowki and informing about them to his authorities. He is
responsible to take care of the Iron covers of gutters, aluminum ladders
and other articles kept there for maintenance work. On 29.05.2022 at
about 2.45 am habitual offender Rohit Waghari and five other persons
suddenly came to the said Chowki. Complainant was knowing the said
accused Rohit Waghari since he was posed at the said Chowki from the
last five years and he had heard about the said accused. Complainant
asked accused Rohit what work he had there, on which the said
accused slapped him and threatened him with a long knife which had a
wooden handle. He threatened to kill him if he raised shouts and asked
his accomplice to take away the articles which were kept there. He also
forcibly took away the mobile of the complainant. In the said incident
the accused committed dacoity of complainant’s mobile, one aluminum
ladder, two iron covers having value of Rs. 30,000/-. Complainant got
scared and after the accused left from there, he informed his authorities
and as per their directions he gave report at the police station.
3.

The say of the Investigating Officer was called. He has
stated that, during investigation the test identification parade was
conducted after obtaining description of the unknown accused who had
accompanied accused Rohit on that night. The present applicant was
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arrested and during his test identification parade the complainant had
identified him. Thereafter, on the basis of memorandum statement gave
by the present applicant, the said two iron covers were recovered and
seized from one Nasim Matiulla Khan who is the owner of a scrap shop.
Some of the other accused were arrested during course of investigation
and the said iron knife was recovered and seized on the behest of
accused Rohit. Thereafter, charge-sheet has been filed in the concerned
Ld. Metropolitan Magistrate Court against 4 accused. The IO further
stated that the other two accused are yet to be arrested. If, applicant is
released on bail then he may assist the said accused to remain
absconding. The said Aluminum ladder having value of Rs.2000/- is yet
to be recovered and seized. Applicant may destroy the evidence after
his release on bail and he may hamper the further investigation.
Applicant is residing in a slum area and has no permanent place of
residence. Hence, the application may be rejected.
4.

Heard both the parties. Perused the record. Learned
counsel for the applicant submitted that, applicant is innocent and has
not committed any crime as alleged. He is falsely implicated in the
present crime by the police. The charge-sheet is filed long back and no
purpose would be served by keeping the applicant behind the bars.
Applicant is ready to abide every condition which may be imposed
upon him, in the event of his application. Hence, he may kindly be
released on bail.
5.

Learned A.P.P. vehemently opposed the application and
submitted that, applicant was identified by the complainant during test
identification parade. The two iron covers looted by the accused in the
said incident were recovered and seized on the basis of memorandum
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statement given by the present applicant. Applicant has no permanent
place of residence and he may abscond after his release on bail.
Therefore, application may be rejected.
6.

I have perused the FIR and the copy of Aadhar Card of the
present applicant. The prosecution has not alleged criminal antecedents
of the present applicant. The investigation is completed and the chargesheet is also filed against four accused. The trial may take time to
commence and concluded. The presumption of innocence is available
to the applicant till conclusion of his trial. The copy of Aadhar Card of
the applicant reflects his address in the Tardeo area behind Tulsiwadi
Post Office, Tardeo, Mumbai. Hence, in the facts of the case, no purpose
would be served by keeping the applicant behind the bars. There is no
possibility of his fleeing away of justice as he has no criminal
antecedents. Therefore, I am inclined to allow the present application
and proceed to pass the following order :ORDER
1.

Bail Application No.1864 of 2022 is hereby allowed.

2.
Applicant Akbar Abdul Razzak Shaikh in C.R. No.448 of
2022 registered with Tardeo police station for the offence punishable
under Sections 397, 392, 506 (2) 411 r/w. 34 of IPC alongwith
Sections 4, 25 of the Indian Arms Act, 1959 alongwith Section 37(1)
and Section 135 of Maharashtra Police Act is hereby released on
regular bail on furnishing fresh P. R. bond and surety bond of
Rs.15,000/-.
3.
Applicant shall not pressurize the complainant and
witnesses in any manner which may dissuade them from giving any
information to the police station or to the Court.

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4.

BA 1864/22
Bail Application is hereby disposed off accordingly.
Digitally signed
by VISHAL
SADASHIVRAO
GAIKE
Date: 2022.08.11
13:48:10 +0530
Date : 10/08/2022.

( VISHAL SADASHIVRAO GAIKE )
ADDL. SESSIONS JUDGE,
CITY CIVIL & SESSIONS COURT,
GREATER MUMBAI.

Dictated on : 10/08/2022.
Typed on
: 10/08/2022.
Signed on
: 10/08/2022.

“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
UPLOAD DATE AND TIME
11/08/2022 at 1.55 p.m.

NAME OF STENOGRAPHER
Mrs. Manasi M. Kadam
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 10/08/2022.

JUDGMENT/ORDER signed by
P.O. on
11/08/2022.

JUDGMENT/ORDER uploaded on
11/08/2022.

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