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IN THE COURT OF SESSIONS MUMBAI, AT GR. MUMBAI
BAIL APPLICATION NO. 1742 OF 2023
(CNR NO.MHCC02-010791-2023)
Hasan Ali Zaid Ali Qureshi @ Kasab
Age: 31 years. Occ: Service
R/a: Plot No.26/M/3, Madina Masjid,
Shivaji Nagar, Govandi,
Mumbai 400 043.

… Applicant
Vs.
The State of Maharashtra
( Through Deonar police Station)
… Respondents
Appearances :Ld. Advocate Mr. Sanjay Jadhav for the Applicant.
Ld APP Mr.Siroya for the State.
CORAM : H.H. THE ADDITIONAL SESSIONS JUDGE
R.R. PATARE (C.R.NO.56)
DATED : 21st July, 2023
ORAL ORDER
This application is filed under Section 439 of Code of Criminal
Procedure (Here-in-after referred as “Cr.P.C.” in short) seeking bail in
connection with crime No.704/2022 registered with Deonar police
station,
Mumbai on 29.11.2022 for the offences punishable under
Sections 420, 120 (b), 406 of the Indian Penal Code, (Here-in-after
referred as “IPC” in short).
2.

The applicant/accused came to be arrested on 3.7.2023 and was
remanded to police custody till 11.7.2023.

Applicant/accused is in
judicial custody since then. From the FIR it is seen that first informant
Ejaj Abdul Sakur Shaikh resident of Nirmal Nagar, Bandra (East),
Mumbai was acquainted with co-accused Sajid Abdul Kadir Khan. He
made phone call to the informant and informed that one person namely
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Sajid pays double amount within half an hour. Co-accused Sajid and
Sajjad also shown some videos to informant showing how double
amount is paid in currency notes having similar series. The co-accused
convinced informant by showing video.

The informant shown his
readiness to pay some amount to Sajjad. However Sajjad asked to pay
minimum amount of Rs.5 lac. Accordingly the informant arranged Rs.5
lacs by obtaining loan from his employer. Thereafter on 28.11.2022
around 4.00 p.m. , the informant along with Sajjid and friend of Sajjid
namely Nasir went at Amar Talkies, Govandi as per the directions of coaccused Sajjad. Thereafter co-accused Sajjad asked the informant to
give 1 lac to the informant from the amount brought by him and asked
him to keep remaining amount in the back. One unknown person came
at the said place around 5.00 p.m. on the phone call of accused Sajjad.
Thereafter they all came at Samajkalyan Hall, Tanaji Malusare Road,
Govandi by auto rickshaw.

One unknown person was present at that
place. Thereafter accused Sajjad called the said person asked him to
give double amount to the informant. The said accused and informant
were going towards said car at that time two unknown persons case by
Inova car and snatched the bag containing amount. Accused Sajjad
made hue and cry and said that police are coming. The first informant
demanded amount with Sajjad. However he did not give satisfactory
reply. Ultimately incident dame to be reported to the police station .
3.

The applicant/accused is seeking bail on the ground of false
implication. It is stated that applicant/accused is innocent and has not
committed any offence. The name of applicant/accused is not appearing
in the FIR. The applicant/accused is not having any nexus with coaccused. It is further stated that co-accused are enlarge on bail. The
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applicant/accused is also seeking bail on the ground of parity.

The
applicant/accused undertakes to abide conditions of them. It is stated
that investigation is completed and requested for bail.
4.

APP has on opposed the application. He stated that amount of
Rs.5000/- is seized from co-accused Rizwan Mohd. Safurkhan.
Remaining amount of Rs.3,95,000/- is yet to be recovered.

The
involvement of accused was disclosed by co-accused Ejaj Samiulla
Shaikh. APP apprehends tampering of evidence.

There is evidence to
connect accused in the commission of offence. It is contended that the
allegations made against accuse are of serious in nature and lastly
requested to reject the application.
5.

Perused application, say and heard advocates for the parties.

6.

Admittedly the name of the applicant/accused is not mentioned
in the FIR.

The involvement of the applicant/accused in the
commission of offence came to the notice of investigating officer from
the statement made by co-accused. From the say filed by APP it is seen
that investigation is almost completed. No specific role is attributed to
the
applicant/accused
interrogation
of
the
in
first
information
applicant/accused
is
report.

not
Custodial
necessary.

The
applicant/accused is in custody since 3.7.2023. In this backdrop the
applicant/accused be enlarged on bail on certain conditions. In the
result following order is passed;
ORDER
1. Bail Application No.1742/2023 is allowed.
2. The applicant/accused Hasan Ali Zaid Ali Qureshi @ Kasab
is
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enlarged on bail in connection with crime No. 704/2023 registered with
Deonar police station, Mumbai for the offences punishable under
Sections 420, 120 (b), 406 of the Indian Penal Code on furnishing PR
and SB of Rs.30,000/- with one or more sureties.
3. The Applicant/accused is directed to attend Deonar police station on
every Monday for period of one month from today between 11.00 am
to 3.00 pm.
4. The applicant/accused shall not contact informant and prosecution
witnesses in any manner and shall not tamper with the prosecution
evidence.
5. On oral request accused be enlarged on furnishing cash surety of
Rs.30,000/- in lieu of two sureties for period of two weeks.

The
applicant/accused shall furnish sureties on or before two weeks from
today.
6.

Bail before concern Metropolitan Magistrate Court.
RAJESH
RAOSAHEB
PATARE
Date : 21.07.2023
Dictated on
: 21.07.2023
Transcribed on : 24.07.2023
HHJ signed on : 24.07.2023
Digitally signed by
RAJESH RAOSAHEB
PATARE
Date: 2023.07.24
13:31:31 +0530
(R.R. PATARE)
Additional Sessions Judge,
City Civil & Sessions Court,
Gr. Bombay (C.R.No.56)
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“ CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE AND TIME
NAME OF STENOGRAPHER
: 24.07.2023 at 12.25 p.m.
: Mrs.Prajakta K. More
NAME OF THE JUDGE
HHJ SHRI.R.R.Patare
(C.R.No.56)
Date of Pronouncement of Order
21.07.2023
Order signed by the P.O. On
24.07.2023
Order uploaded on
24.07.2023