B.A.1686/2023
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MHCC020104072023
IN THE COURT OF SESSIONS FOR GREATER BOMBAY
AT BOMBAY
CRIMINAL BAIL APPLICATION NO. 1686 OF 2023
IN
C.R.NO.333 OF 2022
Irfan Amin Shaikh
Age : 38 years,
Residing at Flat No.412,
17-A Bimbisar Nagar,
Neso W E Highway,
Goregaon East,
Mumbai – 400 065
…Applicant
Vs.
State of Maharashtra
(B.K.C. Police Station)
CORAM:
…Respondent
HH THE ADDL.SESSIONS JUDGE
SHRI. V. M. SUNDALE
(Court Room No.27)
DATE : 01st August 2023
Shri S.A. Vasid, learned advocate for applicant.
Shri S.V. Keknis, learned APP for State/Respondent
ORDER
1.

The applicant has filed present application u/s. 439 of
Cr.P.C. for bail in connection with crime no.333/2023 registered in
B.A.1686/2023
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Vakola police station for the offences punishable u/s. 406, 408, 420,
120B of the IPC, on the allegations that applicant and other co-accused
changed
bank
account
number
of
the
informant,
transferred
Rs.22,68,476/- received towards maturity of policy to the account of coaccused and misappropriated the said amount.
2.

The I.O. through learned APP filed reply (Exh.03) and
opposed the application. It is contended that in this matter co-accused
Farid Shaikh yet to be arrested. The presence of present applicant is
necessary to investigate the present matter. It is further contended that
in such circumstances, if the applicant released on bail, there is
possibility of pressurizing prosecution witnesses, tampering prosecution
evidence, fleeing away of justice and helping co-accused in absconding.
Hence, the I.O. prayed to reject the application.
3.

Heard Shri S. A. Vasid, learned advocate for the applicant
and Shri S.V. Keknis learned APP for the prosecution.
4.

I have carefully gone through record with reference to
submission of both the sides. It appears that after registration of F.I.R.
the I.O. arrested the applicant on 23/06/2023. He was remanded to
police custody till 26/03/2023. In the course of police custody the I.O.
already recovered Rs.1,00,000/- from the applicant. The investigation is
almost completed. The I.O. opposed the bail application mainly on the
ground that co-accused viz., Farid Shaikh is yet to be arrested. However,
for the purpose of arresting co-accused, the applicant cannot be
detained in jail for indefinite period. The presence of the applicant is
not necessary for any recovery or discovery. The offences punishable
u/s.406, 408, 420, 120B of the IPC are exclusively triable by the
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Magistrate Court and the same are not punishable with death or
imprisonment for life. There are no extra ordinary circumstances to
keep the applicant behind bar and complete remaining part of
investigation. Nothing has been placed on record about past criminal
history of the applicant. The apprehension raised by the I.O. can be
taken care of by imposing certain stern conditions. In the facts and
circumstances of the case, the applicant is entitled to be released on
bail. Hence, I pass the following order.
ORDER
1.

Criminal Bail Application No.1686 of 2023 is allowed.

2.

The applicant namely Irfan Amin Shaikh be released on bail on
his executing P.R.Bond of Rs.30,000/- (Rs. Thirty 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 is directed to attend the BKC police station once in
a week i.e. on every Monday between 11.00 a.m. to 1.00
p.m. till filing of charge-sheet
5.

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

6.

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

7.

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.

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8.

Bail before concern Metropolitan Magistrate Court
9.

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

10.

Thus, Criminal Bail Application No.1686 of 2023 stands disposed
of.

Digitally signed
by VIRBHADRA
VIRBHADRA MAHADAPPA
MAHADAPPA SUNDALE
Date:
SUNDALE
2023.08.04
12:54:53 +0530
01/08/2023
Date of Dictation
:01/08/2023
Date of Transcription :03/08/2023
Date of signature
:04/08/2023
(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
04/08/2023
12.45 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
01/08/2023
JUDGEMENT /ORDER signed by P.O.
on
04/08/2023
JUDGEMENT /ORDER uploaded on
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