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MHCC020062732024
IN THE COURT OF SESSIONS FOR GREATER MUMBAI AT MUMBAI
CRIMINAL BAIL APPLICATION NO. 1012 OF 2024
Hasina Rashid Ahmad Shaikh
Age : 44 years, Occ. Housewife,
R/at : Room No. 13, Chawl No. 15,
Mahatma Phule Nagar No.1,
Chembur, Mumbai.

…Applicant/accused
Vs.
The State of Maharashtra
…Respondent
Appearance :Mr. Nilesh Garud, Ld. Advocate for the Applicant.
Mr. J. N. Suryawanshi, Ld. APP for the Respondent/State.
CORAM : H. H. THE ADDL. SESSIONS JUDGE,
SHRI A. A. KULKARNI (C.R. NO.22)
DATED : 22nd April, 2024
(ORAL ORDER)
(Dictated and pronounced in the open Court)
This is an application under Section 439 of Cr. P.C. Heard
Ld. Advocate for applicant and Ld. APP for the State. Perused the
application, say and documents on record.
2.

The Ld. Advocate for applicant submitted that applicant is
arrested by Tilak Nagar police in connection with C.R. No.149/2024 for
the offence punishable under Sections 420, 465, 466, 468, 471 of IPC. It
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is further contention of accused that he is falsely implicated in this case.
Applicant has not committed any offence as alleged in the FIR.
Applicant is in police custody since 04.04.2024. Applicant is roots in
the society. The applicant has not played any role in the present crime.
Applicant is ready to co-operate with police. She is ready to abide by the
terms and conditions imposed by this Court. Hence, he prayed for bail.
3.

Ld. APP and investigating officer opposed application. It is
their contention that applicant submitted forged certificate and
committed forgery and cheating for obtaining Passport Office. If,
applicant is released on bail there is possibility of tempering evidence of
prosecution. Hence, prayed for rejection of application.
4.

In view of submissions from both sides and as per
allegation in FIR,
informant is a police personal and working in
passport branch. According to him there branch received directions
from the passport office and it was directed that if birth or death
certificate is produce then QR code on the said certificate to be scanned
and if it is is not opened in the link then it should be treated as
duplicate and it should be verified from the issuing office and if found
bogus or duplicate then necessary action be taken. Accordingly, the
present applicant produced the birth certificate which was allegedly
issued by District Women’s Hospital, Devriya, Uttar Pradesh. Then,
informant verified the said birth certificate from the issuing office. The
said issuing office informed in writing that the same is not issued by
their office. Present applicant is implicated in the case on the basis of
communication from the concerned office about non issuance of
certificate.

For
the
purpose
of
further
investigation
custodial
interrogation of applicant is not required. Alleged offence is based on
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documentary evidence. Alleged documents are in custody of police. In
such circumstances further detention of applicant is not necessary.
Hence, by directing the applicant to remain present before investigating
officer purpose of further investigation, with such direction purpose of
securing presence of accused for investigation will be fulfilled.
Therefore, I am of opinion that in view of above circumstance,
applicant is entitled to be released on bail. Hence, I pass following order
:ORDER
1.
2.

3.
4.
5.

6.
7.
8.

Criminal Bail Application No. 1012 of 2024 is allowed.
Applicant/accused Hasina Rashid Ahmad Shaikh be released on
bail on furnishing P.R. Bond of Rs.25,000/- along with one or
more sureties in the like amount in connection with C.R.
No.149/2024 registered with Tilak Nagar police station.
Applicant/accused shall attend Tilak Nagar Police Station,
Mumbai, as and when required by Investigating Officer on notice.
Applicant/accused shall furnish her residential address proof and
contact numbers to Investigating Officer.
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.
Applicant/accused shall not leave India without previous
permission of the Court.
Bail before learned Court below.
Criminal Bail Application No.1012 of 2024 stands disposed of
Digitally
accordingly.
signed by
AJAY ANIL
KULKARNI
Date:
2024.04.23
11:50:44
+0530
Date : 22.04.2024
Directly typed on computer on
HHJ signed on
(A. A. Kulkarni)
Additional Sessions Judge,
Sessions Court,
Gr. Bombay (C.R.No.22)
: 22.04.2024
: 23.04.2024
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
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Mrs. Manasi M. Kadam
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Date of Pronouncement
JUDGMENT /ORDER
HHJ SHRI. A.A. KULKARNI (CR 22)
of
22.04.2024
JUDGMENT /ORDER signed by
P.O. on
23.04.2024
JUDGMENT /ORDER uploaded
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23.04.2024