B.A.290/2024
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MHCC020020042024
IN THE COURT OF SESSIONS FOR GREATER BOMBAY
AT BOMBAY
CRIMINAL BAIL APPLICATION NO.290 OF 2024
IN
C.R.NO.606 OF 2023
Mr. Harish @ Babu Sunil Waydande
Age 25 years, Occ : Service
R/a. Backside of Bisleri Company,
Road No.16, Kisan Nagar No.2,
Thane, Wagle Estate, Thane
…Applicant
Vs.
The State of Maharashtra
(Through Mulund Police Station)
CORAM:
…Respondent
HH THE ADDL.SESSIONS JUDGE
SHRI. V. M. SUNDALE
(Court Room No.27)
DATE : 12th February 2024
Ms. Alka Mane, learned advocate for applicant.
Ms. Ratnavali Patil, learned APP for State/Respondent
ORDER
01.

The applicant Mr. Harish @ Babu Sunil Waydande has filed
this application under Section 439 of the Code of Criminal Procedure
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for bail in connection with Crime No.606/2023 registered in Mulund
Police Station, Mumbai for the offence under Section 399, 402 of the
Indian Penal Code, under Section 4, 25 of the Indian Arms Act and
under Section 37(1), 135 of Maharashtra Police Act, on the allegations
that the applicant and co-accused being members of wandering gang
were making preparation to commit dacoity.
02.

The investigating officer through learned APP filed reply
(Exh.02) and opposed the application. It is contended that the applicant
has committed serious offence and he is not having permanent
residence. It is further contended that the applicant and co-accused are
habitual offenders. According to the investigating officer in such
circumstances, if the applicant released on bail there is possibility of
committing similar offence and fleeing away from justice. Hence, the
investigating officer prayed to reject the application.
03.

Heard Ms. Alka Mane, learned advocate for applicant and
Ms. Ratnavali Patil, learned APP for the prosecution.
04.

I have carefully gone through record with reference to
submission of both the sides. It appears that the name and role of the
applicant is mentioned in the First Information Report. It is alleged that
on 24/10/2023 at about 23.50 hours the applicant and co-accused
being a member of wandering gang found while making preparation to
commit dacoity near Loknisarg Society, Ghatipada, Mulund. It is further
alleged that the applicant and co-accused found in possession of
dangerous weapons like screwdriver, blade etc. At the relevant time the
applicant was found in possession of one blade.

The investigating
officer after arresting the applicant and other co-accused prepared spot
panchnama and recorded statement of witnesses and after completing
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necessary investigation submitted charge-sheet before the learned
Metropolitan Magistrate. The offence under Section 399 of the Indian
Penal Code is serious and punishable with rigorous imprisonment for 10
years and fine. In the same manner the offence under Section 402 of
the Indian Penal Code is punishable with rigorous imprisonment for
seven years and fine. However, in this case the investigation is already
completed and presence of the applicant is not necessary for any
recovery or discovery. The applicant is local resident and ready to
furnish surety as per the order of the Court. The investigating officer
has submitted charge-sheet but trial is not yet commenced. In such
circumstances, it will not proper to keep the applicant behind bar for
indefinite period. The apprehension placed on record by the
investigating officer can be taken care of by imposing certain
conditions. In the facts and circumstances of the case, the applicant is
entitled to release on bail. Hence, the following order is passed.
ORDER
1.

Criminal Bail Application No.290 of 2024 is allowed.

2.

The applicant Harish @ Babu Sunil Waydande be released on bail
in Crime no.606/2023 registered in Mulund Police Station for the
offences under Section 399, 402 of the Indian Penal Code and
under Section 4, 25 of the Indian Arms Act and under Section
37(1), 135 of Maharashtra Police Act on his executing P.R.Bond of
Rs.50,000/- (Rupees Fifty Thousand) with one or two sureties of
the like amount.

3.

The applicant and his surety shall provide their respective mobile
numbers, e-mail address and documents pertaining to place of
residence.

4.

The applicant shall not directly or indirectly make any
inducement, threat or pressurize any person acquainted with the
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facts of the present case so as to dissuade him from disclosing
such facts to the Court.
5.

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

6.

Provisional cash bail in the like amount is allowed. The applicant
shall furnish surety within four weeks from the date of release
from jail, failing which the cash bail shall stand forfeited without
any separate order.

7.

Breach of any conditions by the applicant shall result in
cancellation of bail.

8.

Bail before learned Metropolitan Magistrate Court.

9.

Thus, Criminal Bail Application No.290 of 2024 stands disposed
of.

12/02/2024
Dictated on
: 12/02/2024
Transcribed on : 13/02/2024
Signed on
:13/02/2024
(V. M. Sundale)
Addl. Sessions Judge,
City Civil & Sessions Court,
Gr. Mumbai
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE
ORIGINAL SIGNED JUDGMENT/ORDER.”
Upload Date
Upload Time
14/02/2024
5.30 p.m.

Name of Stenographer
Mrs. M.S. Putta
Name of the Judge (With C.R. No.)
Date
of
Pronouncement
JUDGEMENT /ORDER
HHJ Shri V.M.Sundale (C.R.No. 27)
of
12/02/2024
JUDGEMENT /ORDER signed by P.O.
on
14/02/2024
JUDGEMENT /ORDER uploaded on
14/02/2024