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IN THE COURT OF SESSIONS FOR GREATER MUMBAI AT MUMBAI
CRIMINAL BAIL APPLICATION NO.1884 OF 2022
CNR NO. MHCC020102582022
Danish Hamid Ali Shaikh
Age: 23 years, Occ: Service,
R/at : Road No.8, Chand Bakery, B Line,
Shivaji Nagar – Govandi.
…Applicant/Accused
Vs.
The State of Maharashtra
(Through Vashi Railway Police Station)
…Respondent/State
Appearances :
Mr. Zoheb Shaikh, Ld. Advocate for 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 : 19TH AUGUST, 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
person. It is further contended that FIR is lodged belatedly on
25.06.2022 with unexplained delay and applicant is falsely implicated
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in this case. Alleged property is already seized. Therefore, there is no
need of further detention of applicant. Hence, prayed for grant of bail.
3.
Ld. APP opposed application and submitted that applicant
is habitual offender. If he released on bail, he will involve similar typer
of offence. Therefore, prayed for rejection of the application.
4.
In view of submissions from both the sides, it revealed that
there are other offences registered against the applicant. From
submissions of Ld. APP, applicant is habitual offender. In this case, the
offence is registered against the unknown person. FIR is registered
belatedly. 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
offence, 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.1884 of 2022 is allowed.
2.
Applicant/accused Danish Hamid Ali Shaikh 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.148/2022
registered with Vashi Railway police station.
3.
The applicant/accused shall attend Vashi Railway police station
once in a week till conclusion of trial of this case.
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4.
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.1884 of 2022 stands disposed of
accordingly.
Date : 19.08.2022
Dictated on
: 19.08.2022
Transcribed on : 19.08.2022
HHJ signed on : 19.08.2022
[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
20.08.2022
Upload Time
Name of Stenographer
5.30 p.m.
PRAJWALA V. PHODKAR
Name of the Judge (With HHJ SHRI. A.A. KULKARNI (CR 24)
Court Room No.)
Date of Pronouncement
JUDGMENT /ORDER
of 19.08.2022
JUDGMENT /ORDER signed by 19.08.2022
P.O. on
JUDGMENT /ORDER uploaded 20.08.2022
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