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Cri BA No.74-2024
MHCC020005192024
IN THE COURT OF SESSION FOR GREATER BOMBAY
CRIMINAL BAIL APPLICATION NO.74 OF 2024
Amjad Shahpur Irani,
Age: 45 Years, Occ: Business.

]
] …Applicant.

Versus
The State of Maharashtra
]
(At the instance of Kurla Police Station Vide C.R. ]
No.415 of 2023)
] …Respondent.
Advocate Rehana Begum for applicant.
APP Sulbha Joshi for the State.
CORAM :
SHRI. S.B. PAWAR,
THE ADDL. SESSIONS JUDGE (C.R. No.58)
DATE
:
03rd FEBRUARY, 2024.
ORDER
The applicant, who is arrested in connection with C.R.
No.415 of 2023 registered with Kurla Police Station for offence under
section 420 of IPC, has filed the present application for bail under
section 439 of the Code of Criminal Procedure, 1973.
2.

As per the FIR, first informant Manisha Dinesh Bhosale
visited Bank of Maharashtra, L.B.S. Marg Branch, Kurla (West) on
11.09.2023 for withdrawal of amount. She received cash amount of
Rs.87,100/- from the cashier. While she was keeping the cash amount
in her purse, one unknown person standing behind her said that some
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Cri BA No.74-2024
currency notes with the first informant were fake and asked her to get
the same changed from the cashier. He took the cash bundle in his
hands and said that two currency notes were fake and thereafter,
returned the cash bundle to her. She verified from the cashier, who
informed that there was no fake currency note. She did not notice the
said unknown person thereafter in the bank. After returning to her
home, she noticed that the cash Rs.35,500/- were missing in the
bundle. Therefore, she lodged complaint, on the basis of which FIR
came to be registered against unknown person.
3.

Applicant claims that he is innocent and he is falsely
implicated in the case. He is not involved in the offence. CCTV footage
does not disclose that the applicant had taken the money as alleged in
the FIR. There is false recovery of Rs.13,750/- from the accused. He is
arrested from his residence. He is only earning member of his family.
The investigation is complete and the trial may take long time. On these
grounds, applicant seeks bail.
4.

Prosecution opposed the prayer of bail on the grounds that
applicant is a habitual offender and he has committed number of other
similar offences.

After committing offence, he takes harbor in Irani
Vasti in order to avoid arrest. He may tamper with the evidence and
pressurize the witnesses. There is possibility that he may flee from the
justice and commit similar offence if released on bail.
5.

Heard learned Advocate for the applicant and learned APP.

Learned Advocate for the applicant argued that learned Court of first
instance rejected bail application of the applicant solely on the ground
that amount of Rs.20,000/- is yet to be recovered and there is
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Cri BA No.74-2024
possibility that he will dispose of the said amount. She submits that
accused was in police custody for sufficient period.

However,
investigating agency could not recover the said amount. The recovery
of Rs.13,750/- shown at the instance of applicant is false and he is
arraigned merely on the basis of suspicion.

Negligible amount is
involved in the offence. More than half of the cases registered against
the accused are disposed off. Therefore, she urged that the application
be allowed.
6.

Learned APP argued that about 21 other crimes of similar
nature are registered against the applicant, showing that he is a
habitual offender and there is every possibility that he will repeat the
offence if he is released on bail or he may abscond. She further submits
that CCTV footage does not seem to be recovered and investigation in
that regard is pending. Thus, she urged to reject the application.
7.

It appears that applicant is arrested on 18.10.2023 and
after initial police custody, he is detained in judicial custody since then.
The copy of charge-sheet is annexed with the application, which goes to
show that investigation is complete. The entire charge-sheet is not on
record.

However, it appears that the investigating agency has not
recovered CCTV footage of the incident from the bank. If the incident
had taken place in bank, it was not difficult for the investigating agency
to recover the relevant footage from the bank. The investigating agency
could not recover the balance amount of Rs.20,000/- during the police
custody of the applicant. Therefore, at this stage, non recovery of the
said amount could not be valid ground to reject bail to the applicant,
particularly in the light of the quantum involved in the offence.

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8.

Cri BA No.74-2024
Investigation is complete and the charge-sheet is submitted.

In the light of the pendency of the matters before the Court of first
instance, it is not possible that the trial in the case may commence in
near future. The applicant can not be detained indefinitely in the jail by
way of pre-trial punishment. Therefore, in the totality of the facts and
circumstances, in light of the nature of offence and considering the fact
that applicant is in jail since 18.10.2023, the applicant deserves to be
admitted to bail. Registration of other offences can not be a justifiable
ground to reject bail, if otherwise the case for bail is made out. The
application deserves to be allowed. Therefore, I pass following order:ORDER
1.

Criminal Bail Application No.74 of 2024 is allowed.

2.

The applicant Amjad Shahpur Irani, who is accused in C.R.

No.415 of 2023 registered with Kurla Police Station for offence under
section 420 of Indian Penal Code, be released on his executing PR Bond
of Rs.15,000/- (Rupees Fifteen Thousand Only) and on furnishing
surety in the like sum on following conditions:(a)
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
such facts to the Court or to any police officer.
(b)
The applicant shall not tamper with evidence of the
prosecution.
(c)
The applicant shall not commit similar offence while
on bail.
(d)
The applicant shall not try to contact the informant
personally or through anybody, till conclusion of trial.
(e)
The applicant shall submit documents regarding his
permanent address and contact details to the concerned
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Cri BA No.74-2024
police station and the Court, within seven days of his release
and if in future, there is any change in his address or contact
details, intimate the same to the concerned police station.
(f)
3.

The applicant shall attend the trial regularly.

Breach of any of the above conditions shall entail the cancellation
of the bail.
4.

Provisional cash bail of Rs.15,000/- allowed for the period of 6
weeks.
5.

Bail before learned trial Court.

6.

Criminal Bail Application No.74 of 2024 is disposed off
accordingly.

Date : 03/02/2024
Order Dictated on: 03/02/2024
Transcribed on : 03/02/2024
Checked on
: 05/02/2024
Signed on
: 05/02/2024
(S.B. PAWAR)
Additional Sessions Judge
City Civil & Sessions Court,
Gr. Bombay
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
Upload Date
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THE ADDL. SESSIONS JUDGE
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JUDGEMENT /ORDER
of 03.02.2024
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