Ganesh Shekhar Besta Ganesh Shekhar Vs State of Maharashtra Bail Application Bombay Sessions Court No 117 of 2024

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B.A.267/24
MHCC020018012024
IN THE COURT OF SESSION FOR GREATER BOMBAY
CRIMINAL BAIL APPLICATION No.267 OF 2024
Imran Iqbal Shaikh
Age 43 years, Occ : Service,
Residing at R.No.304, 3/B,
Mansarovar Complex, Next to
Balaji Sweets, Sector 34, Kamothe,
Navi Mumbai.

….Applicant
– Versus The State of Maharashtra
(At the instance of Kurla Police Station,
Mumbai C.R.No.72/2024)
.… Respondent
Appearance :Adv. Mohd. Ismail Khan for the Applicant/ accused.
APP Kalpana Hire for the respondent present.

CORAM : RAJESH A. SASNE,
ADDITIONAL SESSIONS JUDGE,
COURT ROOM No. 30.
DATED : 05/02/2024
ORDER
This is an application filed by the accused u/sec.439 of
Criminal Procedure Code for releasing him on bail in connection with
crime registered at Kurla Railway Police Station, Crime Branch, Mumbai
Vide C.R.No. 72/2024 for commission of offence under Section 420, 34,
465, 468, 471 of the Indian Penal Code, 1860 and Section 147 of Indian
Railway Act.

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2.

B.A.267/24
It is alleged by the applicant / accused that he is innocent
and falsely implicated in the present case. The accused is arrested on
16.01.2024. He has undergone custodial interrogation. There is no
criminal antecedents against him. The applicant / accused is not
involved in preparing the fake documents. Therefore, there is no point
in keeping the accused behind bars. He is permanent resident of his
given address therefore he prayed for releasing him on bail.
3.

The prosecution opposed the application by filing reply
vide Exh.2. It is the contention of the prosecution that if the accused is
released on bail there are chances of flee from justice. If the accused is
released on bail there are chances of threatening of prosecution
witnesses and tampering of prosecution evidence. Hence, prosecution
prayed for rejection of the application.
4.

Read the application, say filed by the prosecution. Heard
the ld. Advocate for the applicant and ld. APP for the State.
5.

I have gone through the application, reply, documents filed
on record. It is the prosecution case that the co-accused Dipti Nai was
caught by the railway police when she was using forged railway pass.
Accordingly, report is lodged and offence is registered.
6.

During the investigation it was revealed that said pass was
fabricated by the applicant / accused Imran Shaikh. The co-accused
Dipti Nai has been arrested on 15.01.2024. The applicant / accused
Imran has been arrested on 16.01.2024. Recovery from the accused
appears to have been made. The Investigating Officer submits that there
is forgery of one railway pass only. Said pass was fabricated on
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B.A.267/24
computer. No recovery is pending. Further investigation can be carried
out for which custody of applicant / accused is not necessary. If
reasonable conditions securing presence of accused are imposed the
applicant / accused will be entitled for the bail.

ORDER
1.

Criminal Bail Application No.267 of 2024 is allowed.

2.

The Applicant / Accused Imran Iqbal Shaikh, arrested in
C.R.No.72/2024 under Section 420, 34, 465, 468, 471 of the Indian
Penal Code, 1860 and Section 147 of Indian Railway Act registered with
Kurla Railway Police Station, Mumbai be released on bail on furnishing
P.B. and S.B. of Rs.20,000/- with one or two sureties.
3.

The applicant / accused shall not tamper with the prosecution
witnesses and evidence in any manner.
4.

The applicant / accused shall regularly attend the concern police
station on 1st and 4th Saturday of every month between 11.00 a.m. to
2.00 p.m. till filing of the charge sheet.
5.

Provisional cash bail in the like amount is allowed. The accused
shall furnish surety within 4 weeks from the date of release from jail
failing which the cash bail shall stand forfeited without any separate
order to that effect.
6.

The applicant / accused shall not leave India without prior
permission of the Court.
7.

Bail before the concern Magistrate.

Date : 05/02/2024
Dictated on
Transcribe on
Signed by HHJ on
: 05.02.2024
: 06.02.2024
: 12.02.2024
( RAJESH A. SASNE)
Additional Sessions Judge,
Gr. Mumbai.

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B.A.267/24
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
ORDER.”
12/02/2024
5.15 p.m.

UPLOAD DATE
TIME
J.S. Chavan
NAME OF STENOGRAPHER
Name of the Judge (With Court H. H. Additional Sessions Judge Shri.
Room No.)
R.A. SASNE, Court Room No. 30.
Date of Pronouncement of ORDER 05/02/2024
ORDER signed by P.O. on
12/02/2024
ORDER uploaded on
12/02/2024