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IN THE COURT OF SESSIONS FOR GREATER MUMBAI AT MUMBAI
CRIMINAL BAIL APPLICATION NO.1623 OF 2022
CNR NO. MHCC02­008771­2022
Bipinkumar Deviprasad Pandey
Age: 40 years, Occ.: ­
R/at : G 05 Block No.01, Room No.507,
Shivkrupa CHS, Sector­ 10,
Vashi, Navi Mumbai.

…Applicant/Accused
Vs.
The State of Maharashtra
(At the instance of Dadar Railway police stn.)

…Respondent/State
Appearances :­
Mr. Vijay Agale, Ld. Advocate for the applicant/accused.
Ms. Ratnavali Patil, Ld. APP for the Respondent/State.
CORAM : H. H. THE ADDL. SESSIONS JUDGE,
SHRI A.A. KULKARNI (C.R. NO.24)
DATED : 15TH JULY, 2022
(ORAL ORDER)
(Dictated and pronounced in the open Court)
This is an application for bail under Section 439 of Cr. P.C.
Heard Ld. Advocate for the applicant and Ld. APP for the State. Perused
documents on record.
2.

The Ld. Advocate for applicant submitted that applicant is
arrested by police in connection with offence punishable under Section
379 of IPC. It is alleged against applicant that he committed theft of
mobile phone. As per the FIR, offence is registered against unknown
persons. Applicant was in police custody. By taking his custody from
other case he is falsely implicated in this case. Alleged property is
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already seized. Therefore, there is no need of further detention of
applicant. Hence, prayed for grant of bail.
3.

Ld. APP filed say Exh.2 and opposed application on the
ground that applicant is habitual offender. There are other fourteen
offences registered against the applicant at different police stations. Still
he is involved in this offence. Therefore, prayed for rejection of the
application.
4.

In view of submissions from both the sides and perusal of
say of police, it revealed that there are fourteen offences registered
against the applicant at different police stations. From submissions of
Ld. APP, applicant is habitual offender. In this case, the offence is
registered against the unknown person. It further revealed that during
custody of applicant, recovery shown to have been made. Therefore, as
the offence is registered against unknown person and guilt of the
applicant is not proved during trial, his pre­trial detention would be
amount to punishment. In such circumstances, looking to the
background of applicant, as he committed similar offences, he may be
directed to furnish solvent surety with condition to attend Court for trial
as well as his presence may be monitor by directing him to attend police
station to avoid possibility of his absconding. With such directions,
applicant may be released on bail. Hence, I passed the following order :­
ORDER
1.

Criminal Bail Application No.1623 of 2022 is allowed.

2.

Applicant/accused Bipinkumar Deviprasad Pandey be released on
bail on his furnishing P.R. Bond of Rs.25,000/­ along with one or
two sureties of like amount in connection with C.R. No.540/2022
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registered with Dadar Railway police station.
3.

The applicant/accused shall attend Dadar Railway police station
once in a week till conclusion of trial of this case.

4.

The applicant/accused shall attend trial of this case without fail.

5.

Applicant/accused shall furnish his residential address proof and
contact numbers to Investigating Officer.

6.

Applicant/accused 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.

7.

Applicant/accused shall not leave India without previous
permission of the Court.

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Bail before Ld. Court below.

9.

Criminal Bail Application No.1623 of 2022 stands disposed of
accordingly.

Date : 15.07.2022
Dictated on
: 15.07.2022
Transcribed on : 15.07.2022
HHJ signed on : 15.07.2022
[A.A. KULKARNI]
ADDITIONAL SESSIONS JUDGE
GREATER MUMBAI
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE
ORIGINAL SIGNED JUDGMENT/ORDER.”
Upload Date
18.07.2022
Upload Time
4.30 p.m.

Name of Stenographer
PRAJWALA V. PHODKAR
Name of the Judge (With HHJ SHRI. A.A. KULKARNI (CR 24)
Court Room No.)
Date of Pronouncement
JUDGMENT /ORDER
of 15.07.2022
JUDGMENT /ORDER signed by 15.07.2022
P.O. on
JUDGMENT /ORDER uploaded 18.07.2022
on