B.A.136/2022
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Order
MHCC020007052022
IN THE COURT OF SESSIONS FOR GREATER BOMBAY AT BOMBAY
CRIMINAL BAIL APPLICATION NO.136 OF 2022
( CNR NO.: MHCC020007052022 )
Bilal Siraj Jafari @ Irani
Age: 30 years, Occ: Service
R/o: Room No. 3, Gallio No.2,
Near Bhaskar School,
Patil Nagar, Ambivali, Kalyan,
Dist. Thane.
…Applicant/Accused.
V/s.
The State of Maharashtra.
( At the instance of Tilak Nagar P.Stn.
Vide C.R. No.17/2021)
…Respondents/State.
Appearance:
Mr. A. T. Mhaske Advocate for the Applicant/Accused.
Mr. Siroya APP for the State/respondent.
CORAM : H.H. THE ADDL. JUDGE
SHRI G.B.Gurao (C.R.17)
DATE : 15/02/2022.
ORDER
1.
This is an application for bail by applicant/accused Bilal Siraj
Jafari @ Irani under Section 439 of Cr. P. C. in crime No.17/2021 under
section 420 r/w 34 of IPC registered at police station Tilak Nagar,
Mumbai.
B.A.136/2022
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Order
Facts in brief are as under :
2.
Complainant Adilakshmi Mahendra Mopnar resides with her
husband at Nehru Nagar (East), Mumbai. On 15.01.2021 complainant
and her husband had come to their relatives at Chembur (West). At
about 19.50 hours complainant and her husband were walking on the
road, her husband was ahead with her. At about 20.05 hours one person
came from motorcycle, he stoped to the complainant and told her that
“vkius xys rs bruk lksuk D;q iguk gS] vkidks ekyqe ugh D;k vkxs psdhax gks jgk
gS] vki vkids xys dk pSu fudkyds j[ks** Accordingly, complainant took out
gold chain from her neck. Accused told complainant to put chain in his
handkerchief. Thereafter, accused took the chain in handkerchief and
gave to the complainant, then accused went. It is alleged that at some
distance complainant opened the handkerchief to see the chain. But she
did not find her gold chain. According, to her gold chain was 45 grams
and it was of Rs.90,000/ (Rs. Ninety thousand only). It is also alleged
that at the relevant time there was night and accused had wore helmet.
Therefore, she could not see his face. Complainant lodged report in the
police station. During the investigation police took the custody of the
accused from another crime. It is resulted accused committed crime.
Memorandum of accused is recorded and as per his statement police
seized Rs. 10,000/ from his house. After completing investigation
chargesheet is filed against the accused.
3.
Mr. A. T. Mhaske Advocate for applicant/accused has submitted
that applicant is innocent and he has not committed any crime. There is
no specific role of the accused in the crime. There is no recovery of
alleged chain from accused. Accused is in custody from 24.11.2021. The
B.A.136/2022
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Order
evidence produced by prosecution is in admissible. He further submitted
that chargesheet is filed. Investigation is completed. Accused is ready to
abide by the conditions, if any imposed by the Court. Hence, he prayed
to release the applicant/accused on bail.
5.
Mr. Siroya, APP for the State has submitted that accused has sold
the said chain. Accused is habitual offender. Various offences are
registered against the accused in the Police Stations. If the accused is
released on bail then he will commit similar type of offences. He prayed
to reject the application.
6.
Accused is charged for the offence punishable under Section 420
r/w 34 of IPC. It is true that chain is not recovered from the accused.
However, Rs. 10,000/(Rs. Ten thousand only) is seized from the house
of accused. From the say of prosecution it appears that near about
eleven offences are registered against the accused in various police
station in Mumbai and Kalyan. The offences are against the property,
cheating and preventing public servant from discharging his duty.
Offence under the MCOCA is also registered against the accused. Thus,
the antecedents of accused are not clear.
7.
It is to be noted that accused is arrested in the present crime and
as per his say police seized Rs.10,000/ from his house. The
complainant is old lady. The allegation against accused are serious.
Therefore, considering the facts and circumstances of the case and also
the antecedents of the accused, I find that applicant/accused is not
entitled for bail. Therefore, following order.
B.A.136/2022
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Order
ORDER
Bail Application No. 136/2022 is rejected and disposed of accordingly.
Digitally
signed by
GIRISH
BALKRISHNA
GIRISH
BALKRISHNA GURAO
GURAO
Date:
2022.02.17
10:50:01
+0530
Dictated on
Transcribed on
Date of sign
: 15.02.2022.
: 15.02.2022.
: 17.02.2022.
(G.B.Gurao)
Addl. Judge
City Civil & Sessions Court,
Gr. Bombay.
B.A.136/2022
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Order
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER”
17.02.2022.
UPLOAD DATE AND TIME
Mrs. M. M. Kadam
NAME OF STENOGRAPHER
Name of the Judge (with Court Room
No.)
HHJ SHRI.G.B.Gurao,(C.R.No.11)
Addl. Judge.,City Civil & Sessions Court,
Date of pronouncement of /Order
15.02.2022
Order signed by P.O. on
17.02.2022.
order uploaded on
17.02.2022.