B.A. 97/24 MHCC020006442024

IN THE COURT OF SESSIONS FOR GREATER BOMBAY CRIMINAL BAIL APPLICATION No.97 OF 2024

Ibrahim Naeem Khan
Age 41 years, Occ : Worker,
Residing at R.No.18,
Bhagat Niwas, Mumbai Pune Road,
Opp. Municipal Hospital,
Mira Road, Thane (E), … Applicant

– Versus

The State of Maharashtra (At the instance of Kurla Railway Police Station vide CR. No.1688/2023
… Respondent

Appearance :Advocate Smita Pawar for the applicant.
APP Iqbal Solkar for the respondent / State
CORAM : RAJESH A. SASNE ADDITIONAL SESSIONS JUDGE, COURT ROOM No. 30.
DATED : 17/01/2024
ORDER

This is second bail application of the accused filed u/sec.439 of Criminal Procedure Code for releasing him on bail in connection with C.R.No.1688/2023 registered with Kurla Railway Police Station for the commission of offences punishable u/sec.379, 34 of the Indian Penal Code and Section 147 of Indian Railway Act.

2.It is the contention of the applicant / accused that he is innocent and falsely implicated in the present case. The accused is arrested on 12.10.2023. He has undergone custodial interrogation. The
applicant is the earning member of the family. He has no criminal antecedents. Therefore, there is no point in keeping the accused behind bars. He is permanent resident of his given address therefore applicant / accused prayed for releasing him on bail.

3.The prosecution opposed the application by filing reply vide Exh.2. If accused is released on bail there are chances of flee away from justice. If 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, ld. APP for the respondent / State.

5.The previous bail application of the applicant / accused has been rejected as the accused is habitual offender and convicted in nine cases of similar nature. The prosecution in their reply have provided
details about the cases pending and the cases in which the present applicant / accused has been convicted. Four more cases of like nature are pending against the accused. The ld Metropolitan Magistrate in his order also held that the accused is repeated offender and in habit of indulge into criminal activities. The accused has criminal antecedents. He is convicted accused in like nature offences. If he released on bail, he will commit same type of offences in near future. He will tamper with
the prosecution evidence. He will flee away from the justice. There are no change of circumstances. Hence, applicant / accused is not entitled to be released on bail. In the result I pass the following order :

ORDER
Criminal Bail Application No.97 of 2024 is rejected and disposed off accordingly.

Date : 17/01/2024 Dictated on : 17.01.2024 Transcribed on : 18.01.2024 Signed by HHJ on : 19.01.2024
( RAJESH A. SASNE ) Additional Sessions Judge, Gr. Mumbai. “CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED ORDER.” 19/01/2024 5.35 p.m. UPLOAD DATE TIME
J.S. Chavan NAME OF STENOGRAPHER Name of the Judge (With Court H. H. Additional Sessions Judge Shri. R.A. Room No.) Sasne Court Room No. 30. Date of Pronouncement of ORDER 17/01/2024
ORDER signed by P.O. on 19/01/2024 ORDER uploaded on 19/01/2024