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IN THE COURT OF SESSIONS FOR GREATER MUMBAI AT MUMBAI
CRIMINAL BAIL APPLICATION NO.1817 OF 2022
CNR NO. MHCC02­009842­2022
Danish Amjad Shaikh @ Danish Khan
Age : 19 years, Occ : ­
R/at : 26/70, Tilak Bazaar,
Agra Uttar Pradesh.

…Applicant/Accused
Vs.
The State of Maharashtra
(At the instance of L.T. Marg police station)
…Respondent/State
Appearances :­
Ms. Snehal Thorat, 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 : 30TH 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.

Ld. Advocate for applicant submitted that applicant is
falsely implicated in this case. Investigation of case is completed.
Nothing is to be seized at the instance of applicant nor there is any
material, whereby prima facie involvement of applicant in connection of
offence or received stolen property is established. Applicant is arrested
only on the basis of statement of other accused. It is further contended
that applicant is arrested by police on 11.07.2022. Nothing is to be
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seized on the instance of applicant. Hence, his further detention is not
required. Hence, prayed for grant of bail.
3.

Ld. APP filed say Exh.2 and opposed the application on the
ground that if the applicant is released on bail, he may help for
disappearing stolen property. There is possibility of hiding stolen
property by applicant. Applicant is not resident of jurisdiction of this
Court. Hence, prayed for rejection of the application.
4.

In view of submissions from both the sides and on perusal
of charge­sheet of the case filed by police before Ld. Metropolitan
Magistrate, it is the case of prosecution that informant was in
possession of room No.1, Ground Floor, Samad Mension, Shekhadi
Lane, Kalbadevi Road, Mumbai, as tenant and occupant. Landlord of
this premises was one Mohd. Yusuf Mohd. Yunus. In the year 2020,
building was purchased by one Paras Salecha. It was not informed to
informant. The room was being used as Godown of his business having
two doors. Informant stated that his father kept 5 k.g. gold biscuits and
1 k.g. gold pieces in compartment in ceiling of the room. He also kept
diamonds worth Rs.1 crore. It is further case of informant that during
30.04.2022 to 5.05.2022 he was at Silvasa for one marriage. On
9.05.2022 he visited room and noticed that door was broke opened and
furniture was kept outside the room. His Landlord denied his possession
and let out room to another person. He further noticed that during that
incident, someone committed theft of gold and diamonds. Therefore, he
lodged report against one Salecha, Rajan Chaubey, Prakash Bhuvad and
Pravin Bhuvad. At the instance of Prakash Bhuvad, police seized 1 k.g. 4
grams gold, diamonds from Yashik Parmar, Dharmenra Kantilal Mutta.
Police also seized gold and diamonds at the instance of Sameer Amjad
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Shaikh, Sunil Sony, Dharma Sonkar and Mohsin Parvej Shaikh. It is
alleged by prosecution that Sameer Shaikh informed Mohsin Shaikh
that he kept some gold with his brother Danish Shaikh. On such
information and allegation, present applicant is arrested. As per the
case of prosecution, during investigation noting has been seized at the
instance of present applicant nor any information relating offence is
collected from applicant. As nothing is seized at the instance of
applicant, investigation is completed, there are no offences against
applicant about commission of theft or received stolen property.
Therefore, further indefinite detention of applicant is not required. In
such circumstances, I am of the opinion that applicant is entitled to be
released on bail. Hence, I passed the following order :­
ORDER
1.

Criminal Bail Application No. 1817 of 2022 is allowed.

2.

Applicant/accused Danish Amjad Shaikh @ Danish Khan 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.535/2022 registered with L.T. Marg police station, Mumbai.

3.

Applicant/accused shall attend L.T. Marg police station on notice
by Investigating Officer.

4.

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

5.

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.

6.

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

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7.

Bail before Ld. Court below.

8.

Criminal Bail Application No.1817 of 2022 stands disposed of
accordingly.

Date : 30.07.2022
Dictated on
: 30.07.2022
Transcribed on : 30.07.2022
HHJ signed on : 30.07.2022
[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
01.08.2022
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 30.07.2022
JUDGMENT /ORDER signed by 30.07.2022
P.O. on
JUDGMENT /ORDER uploaded 01.08.2022
on