B.A. 1071/2022
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Order
IN THE COURT OF SESSIONS FOR GREATER BOMBAY AT BOMBAY
CRIMINAL BAIL APPLICATION NO. 1071 OF 2022
( CNR NO.: MHCC020060542022 )
Feroz Yunus Ansari
Age: 33 years, Occ: Business
R/o: Room No.5, Galli No.23, Thakkar
Bappa Colony, Kurla (W),
Mumbai71.
…Applicant/Accused.
V/s.
The State of Maharashtra.
( At the instance of Neharu Nagar P.Stn.
Vide C.R. No.272/2022)
…Respondents/State.
Appearance:
Mr. Sharif Shaikh Advocate for the Applicant/Accused.
Mr. Ramesh Siroya, APP for the State/respondent.
CORAM : H.H. THE ADDL. JUDGE
SHRI G.B.Gurao (C.R.17)
DATE : 06/05/2022.
ORDER
1.
This is an application under section 439 of Cr.P.C. for bail by
applicant/accused Feroz Yunus Ansari in crime No.272/2022 under
section 328,188,272,273 of IPC and under section 59 of Food Safety
and Standard Act 2006, registered at police station Neharu Nagar,
Mumbai.
2.
Mr. Sharif Shaikh Advocate for applicant/accused has submitted
that applicant is innocent and he has not committed any crime. The
ingredients of section 328 of IPC do not attract. Already muddemal is
seized. Major part of the investigation is completed. Accused is ready to
B.A. 1071/2022
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Order
abide by the conditions, if any imposed by the Court. He, prayed to
release the applicant/accused on bail.
3.
Mr. Ramesh Siroya, APP for the State has submitted that offence
is serious and against the society and if accused is released on bail then
he will commit similar type of offence. He prayed to reject the
application.
4.
I have perused the FIR.
It is alleged that complainant PC
Sambhaji Kolekar is attached to police station Neharu nagar.
On
30/4/2022 he was doing patrolling alongwith other police staff. They
received information that accused runs shop by name ‘Basant General
store’ at Chembur and he sales Gutkha Pan Masala and scented tobacco.
Two panchas were called. Raid was carried. It is alleged that accused
was found in possession of Gutkha, Pan Masala and scented tobacco of
Rs.40,410/. It reveals that the muddemal is seized. Panchanama was
prepared. Now, there is no recovery or discovery at the instance of
accused. His antecedents are clear and he undertakes to abide by the
conditions, if any imposed by the Court. Hence, considering the facts
and circumstances of the case, I find that accused is entitled for bail.
Therefore, following order.
ORDER
1.
Bail Application No. 1071/2022 is hereby allowed.
2.
Applicant/accused namely Feroz Yunus Ansari in
C.R.No. 272 of 2022 registered with Nehru Nagar police
station for the offence punishable under Sections
328,188,272,273 of IPC and under Section 59 of Food
B.A. 1071/2022
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Order
Safety and Standard Act, 2006, shall be released on
his executing PR Bond of Rs.15,000/ (Fifteen
Thousand only) with one surety of the like amount
on the conditions that :
a)
He shall attend concerned police station as and
when reasonably required by investigating officer till
further orders.
b)
He shall not pressurize the prosecution
witnesses in any manner.
c)
He shall not commit any offence while on bail.
d)
He shall attend the dates of Court regularly
unless exempted by the Court.
e)
He shall furnish his correct address to the
investigating officer.
3.
He be released on provisional cash bail of
Rs.15,000/.Duration of provisional cash bail shall be
for four weeks.
4.
Bail before Ld. Magistrate.
5.
Bail Application No.1071/2022 is disposed of
accordingly.
Digitally signed
by GIRISH
BALKRISHNA
GIRISH
GURAO
BALKRISHNA
Date:
GURAO
2022.05.19
10:43:18
+0530
(G.B.Gurao)
Addl. Judge
City Civil & Sessions Court,
Gr. Bombay.
Dictated on
Transcribed on
Date of sign
: 06.05.2022.
: 18.05.2022.
: 19.05.2022.
B.A. 1071/2022
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Order
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER”
19.05.2022.
UPLOAD DATE AND TIME
Mrs. S.S.Sawant
NAME OF STENOGRAPHER
Name of the Judge (with Court Room
No.)
HHJ SHRI.G.B.Gurao,(C.R.No.17)
Addl. Judge.,City Civil & Sessions Court,
Date of pronouncement of /Order
06.05.2022.
Order signed by P.O. on
19.05.2022.
order uploaded on
19.05.2022.