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MHCC020087382022
Presented on
Registered on
Decided on
Duration
:28062022
: 28062022
: 01102022
: 00Y 03M
02D
IN THE COURT OF SESSIONS FOR GREATER BOMBAY AT
BOMBAY
( Court No.17 )
(Presided Over by Sunil U. Hake)
CRIMINAL BAIL APPLICATION NO.1582 OF 2022
Bilal Siraj Jafari @ Irani
Age: 30 years, OccService,
R/A: Room No. 3, Galli No. 2,
Near Bhaskar School,
Patil Nagar, Ambivali, Kalyan,
Dist. Thane.
..Applicant
V/S
(The State of Maharashtra)
Through The Sr.Inspector of
Tilak Nagar Police Station
..Respondent
Appearance:
Mr.Tiwari Ld. Advocate for the Applicant/Accused
Mrs. Ashwini Raykar for the State/respondent.
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CORAM : SUNIL U.HAKE
ADDL. S.JUDGE (C.R.17)
DATE : 01/10/2022.
ORAL ORDER
1.
This bail application is filed by applicant/accused
Bilal Siraj Jafari @ Irani for grant of bail under section 439(1) of
Cr.P.C. for the offences punishable u/s. 420, 170 of I.P.C. in CR
No.17/2021 registered with Tilak Nagar police station.
2.
Perused the application and say of investigating
officer.
3.
Heard both the sides.
Prosecution case:
4.
On 15/01/2021 at about 19.50 hours, informant and
her husband were walking on a road situated in the vicinity of
Tilak Nagar Colony, Chembur(W). Accused/applicant came and
told informant that checking is going on. He asked informant to
put the gold chain in the handkerchief. Accused put the chain in
handkerchief and gave it to informant.
After going to some
distance, informant opened the handkerchief and found that her
gold chain was missing.
5.
On the basis of information containing above
allegations, Crime bearing No.17 of 2021 was registered at Tilak
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Nagar police station on 15/01/2021. Investigating officer arrested
accused and recovered an amount of Rs.10,000/ in pursuance to
the disclosure statement made by accused. After completion of
the investigation, investigating officer filed the chargesheet.
6.
Accused/applicant prayed for bail on following
amongst other grounds:
(a)
Accused/applicant is falsely implicated. He has not
committed the alleged offence.
(b)
Alleged offence took place on 15/01/2021. Accused
was arrested on 24/11/2021.
An amount of Rs.10,000/ was
recovered in pursuance to disclosure statement made by
accused/applicant on 27/11/2021.
However, said recovery
would not be relevant.
(c)
Investigating
officer
has
not
conducted
test
identification parade.
(d)
There is no material on record to show involvement
of the applicant/accused in alleged offence.
By making all these submissions, Accused/applicant
prayed to enlarge him on bail.
7.
Ld. A.P.P. and investigating officer strongly resisted
the bail application on the ground that accused is a habitual
offender.
In all 11 offences are registered against accused.
Accused is also facing trial for the offence punishable u/s. MCOC
Act. If accused is released on bail, he may commit similar type of
offence. By making all these submissions, prosecution prayed for
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rejection of bail application.
8.
Considered the submissions advanced on behalf of
both sides. Alleged offence is triable by the Magistrate. It is not
punishable with imprisonment of life or death. Bail application is
opposed mainly on the ground of criminal antecedents of accused.
The criminal antecedents of the accused would be an important
aspect while considering the bail application.
However,
prosecution has to show prima facie involvement of the
accused/applicant in the alleged offence.
9.
As per prosecution case, alleged offence took place
on 15/1/2021. Accused came to be arrested on 24/11/2021 i.e.
almost after 10 months of the incident. On perusal of copy of the
chargesheet, it appears that investigating officer has taken lots of
efforts to trace out the culprit. He has shown many suspects to
the informant.
However, after arrest of present accused,
investigating officer has not shown present applicant/accused to
informant.
Investigating officer has not conducted
test
identification parade.
10.
Entire prosecution case is based upon recovery of an
amount of Rs.10,000/ in pursuance to the disclosure statement
made by accused on 27/11/2021. In said disclosure statement,
accused stated that he has sold the gold chain and by selling the
gold chain, there is some balance amount. He will show the place
where he has concealed balance amount.
The disclosure
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statement did not contain any information relating to distinctly
related fact. Recovered amount is not the amount stolen from
informant.
As stated supra, alleged offence took place on
15/01/2021 and investigating officer recovered an amount of
Rs.10,000/ in pursuance to the disclosure statement made by
accused on 27/11/2021. There is no material on record to show
that recovered amount is the sale proceed of stolen property.
11.
Accused/applicant has also filed on record order
sheet of the trial Court. Chargesheet is filed in January2022.
However, till today charge is not framed. Considering the material
collected during investigation, accused is entitled to be released
on bail. In the result, following order.
ORDER
1. Cri. Bail Application No.1582/2022 is allowed.
2. Accused/applicant namely Mr. Bilal Siraj Jafari @ Irani be
released on his executing PR Bond of Rs.15,000/ (Rupees
Twenty Five Thousand only) with one solvent surety of the like
amount in crime No.17/2021 registered at Tilak Nagar Police
Station for offences punishable under section 420, 170 of I.P.C.
3. The accused/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 or tamper with the evidence.
4. The accused/applicant shall not commit similar offence while
on bail.
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5. The accused/applicant shall not leave India without permission
of Trial Court.
6. The accused/applicant be released on provisional cash bail of
Rs.15,000/. Duration of provisional cash bail shall be for four
weeks.
7. Bail before Trial Court.
8. Cri. Bail Application No.1582/2022 is disposed of accordingly.
9. Inform accordingly.
SUNIL
UTTAMRAO
HAKE
Digitally signed by
SUNIL UTTAMRAO
HAKE
Date: 2022.10.04
16:57:30 +0530
( S.U.HAKE )
Addl. Sessions Judge
City Civil & Sessions
Court, Gr. Bombay.
Dictated on
Transcribed on
Signed on
: 01.10.2022.
: 01.10.2022
: 03.10.2022
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE
ORIGINAL SIGNED JUDGMENT/ORDER”.
04/10/22 at 05.00 pm.
Mrs.Tanushree C.Kamble
Name of the Judge
HHJ SHRI SU Hake
Date of Pronouncement of
judgment/order
01/10/2022
Judgment and order signed by P.O.
03/10/22
Judgment/order uploaded on
04/10/22