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IN THE COURT OF SESSIONS FOR GREATER MUMBAI AT MUMBAI
CRIMINAL BAIL APPLICATION NO.207 OF 2022
CNR NO. MHCC02­001041­2022
Firoz Halim Khan
Age : 44 years, Occ : Shop,
R/at : Shastri Nagar, Room No.698,
R.K. Kidwai Road, Opp. Neperol Tower,
Wadala, Mumbai – 400 031.
Vs.

]
]
]
]
]…Applicant/Accused
]
The State of Maharashtra
(At the instance of R.A.K. Marg Pol. Stn.) ]…Respondent/State
Appearances :­
Mr. Raees Khan, Ld. Advocate for the Applicant/Accused.
Ms. Ratnavali Patil, Ld. APP for the Respondent/State.
CORAM : H. H. THE ADDL. SESSIONS JUDGE,
SHRI B.V. WAGH
(C.R. NO.24)
ND
DATED : 2 FEBRUARY, 2022.
(ORAL ORDER)
Dictated and pronounced in the open Court)
Applicant/accused seek his release on bail under Section
439 of Cr. P.C. in connection with C.R. No.12/2022 registered with
R.A.K. Marg police station for the offence punishable under Sections
328, 272, 273, 188, 179 of Indian Penal Code r/w Sections 26(2)(i),
26(2)(iv) r/w 27(3)(e), 3(i)(zz)(v) r/w 30(2)(a), 59 of Food Safety
and Standards Act, 2006.
2.

On 21.01.2022 at around 11.30 a.m. on the basis of secret
tip­off, raid was conducted on the Pan Shop of the applicant. On search
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of the Pan Shop in the presence of panchas, Gutkha and Pan Masala
worth Rs.1,936/­ were seized. Eventually, afore crime is registered.
3.

Heard the arguments advanced by both the sides and
perused the investigation papers.
4.

On going through the investigation papers, prima facie it
appears that during the search Gutkha and Pan Masala worth
Rs.1,936/­ were seized from the Pan Shop owned and possessed by the
applicant. However, there is no whisper about applicant having
administered or cause administered Gutkha to anybody. The entire
stock has been already seized. The samples were drawn and forwarded
for chemical analysis. Thus, prosecution has collected sufficient prima
facie evidence for trial. The applicant is behind bar since 21.01.2022.
No criminal antecedent has been demonstrated against the applicant.
The investigation appears to be considerably progressed. As such,further
detention of the applicant is unwarranted. Eventually, the applicant is
released on bail. Ergo, the following order :­
ORDER
1.

Criminal Bail Application No.207 of 2022 is allowed.

2.

Applicant/accused Firoz Halim Khan be released on bail on his
furnishing P.R. Bond of Rs.15,000/­ along with surety of like
amount in connection with C.R. No.12/2022 registered with
R.A.K. Marg Police Station for the offences punishable under
Sections 328, 272, 273, 188, 179 of Indian Penal Code r/w
Sections 26(2)(i), 26(2)(iv) r/w 27(3)(e), 3(i)(zz)(v) r/w 30(2)
(a), 59 of Food Safety and Standards Act, 2006.

3.

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

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4.

The 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.

5.

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

6.

Bail before Lower Court.

7.

Criminal Bail Application No.207 of 2022 stands disposed of
accordingly.

Date : 2.02.2022
Dictated on
: 2/02/2022
Transcribed on : 2/02/2022
HHJ signed on : 2/02/2022
[B.V. WAGH]
ADDITIONAL SESSIONS JUDGE
GREATER MUMBAI
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CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
Upload Date
2.02.2022
Upload Time
4.05 p.m.

Name of Stenographer
PRAJWALA V. PHODKAR
Name of the Judge (With Court HHJ SHRI. B.V. WAGH (CR 24)
Room No.)
Date of Pronouncement
JUDGMENT /ORDER
of 2.02.2022
JUDGMENT /ORDER signed by 2.02.2022
P.O. on
JUDGMENT /ORDER
on
uploaded 2.02.2022