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IN THE COURT OF SESSIONS FOR GREATER MUMBAI AT MUMBAI
CRIMINAL BAIL APPLICATION NO.1557 OF 2022
CNR NO. MHCC020084102022
Imu Nijamuddin Khan
Age: 25 years, Occ.: Service,
R/at : Room No.436, Bharati Kamala Ram
Nagar Salt Pan Road, Near Ram Janaki Mandi,
Antop Hill, Mumbai 400 037.
…Applicant/Accused
Vs.
The State of Maharashtra
(At the instance of Wadala T.T. Pol. Stn.)
…Respondent/State
Appearances :
Mr. Ashwini Kumar Pathak, Ld. Advocate for the applicant/accused.
Ms. Ratnavali Patil, Ld. APP for the Respondent/State.
CORAM : H. H. THE ADDL. SESSIONS JUDGE,
SHRI A.A. KULKARNI (C.R. NO.24)
DATED : 1ST JULY, 2022
(ORAL ORDER)
Dictated and pronounced in the open Court)
This is an application for bail under Section 439 of Cr. P.C.
Heard Ld. Advocate for the applicant and Ld. APP for the State. Perused
documents on record.
2.
The Ld. Advocate for applicant submitted that applicant is
accused in Case No.771/PW/2018 registered at Wadala T.T. police
station for the offence punishable under Section 380 of IPC. Applicant
was previously released on bail by Ld. Metropolitan Magistrate. During
pendency of case, applicant was absent, therefore, NBW was issued
against him. After execution of NBW, applicant was produced before Ld.
Metropolitan
Magistrate.
Ld.
Metropolitan
Magistrate
rejected
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application for bail filed by applicant on 22.06.2022. Therefore, present
application is filed. It is further contended that applicant is alleged to
have committed an offence punishable under Section 380 of IPC by
committing theft of mobile, which is not recovered. Ld. Advocate for
applicant submitted that applicant will remain present in future for trial
as and when require and prayed for grant of bail.
3.
Ld. APP filed say Exh.2 and opposed the application on the
ground that due to absence of applicant, trial of case is held up. Hence,
prayed for rejection of the application.
4.
In view of submissions from both the sides and on perusal
of documents, it is clear that applicant was previously released on bail.
Charge is framed against accused and trial is in progress. Due to
absence of accused, trial is held up. Taking into consideration
submissions of Ld. Advocate that applicant will remain present on each
and every date hereinafter and take care that trial will not be held up
for want of accused’s presence. Property involved in this case is only of
Rs.4,000/. The applicant is in judicial custody since 22.06.2022. In
view of such circumstances, I am of the opinion that applicant’s
presence may be secured by imposing conditions and he may be
released on bail. Hence, I passed the following order :
ORDER
1.
Criminal Bail Application No. 1557 of 2022 is allowed.
2.
Applicant/accused Imu Nijamuddin Khan be released on fresh
bail of Rs.15,000/ alongwith surety of like amount in connection
with C.R. No.357/2017, Case No.771/PW/2018 registered with
Wadala T.T. Police Station.
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3.
Ld. Metropolitan Magistrate is at liberty to forfeit previous bond
and accept reasonable amount in lieu of previous bond.
4.
Applicant/accused is directed to remain present regularly before
Ld. Metropolitan Magistrate for trial of the case.
5.
Bail before Ld. Court below.
6.
Criminal Bail Application No.1557 of 2022 stands disposed of
accordingly.
Date : 1.07.2022
Dictated on
: 01.07.2022
Transcribed on : 01.07.2022
HHJ signed on : 01.07.2022
[A.A. KULKARNI]
ADDITIONAL SESSIONS JUDGE
GREATER MUMBAI
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE
ORIGINAL SIGNED JUDGMENT/ORDER.”
Upload Date
02.07.2022
Upload Time
4.30 p.m.
Name of Stenographer
PRAJWALA V. PHODKAR
Name of the Judge (With HHJ SHRI. A.A. KULKARNI (CR 24)
Court Room No.)
Date of Pronouncement
JUDGMENT /ORDER
of 01.07.2022
JUDGMENT /ORDER signed by 01.07.2022
P.O. on
JUDGMENT /ORDER uploaded 02.07.2022
on