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MHCC020023182024
IN THE COURT OF SESSIONS FOR GREATER MUMBAI AT MUMBAI
BAIL APPLICATION NO. 312 OF 2024
1. Ishan Abdul Rehman Shaikh
2. Shahbaz Mohamamd Salim Shaikh
… Applicants/accused
Vs.
The State of Maharashtra
(Through of Chunabhatti Police Station
vide C.R. No. 491/2023)
… Respondent/State
Appearance :Mr. Bhavesh Pawar, Ld. Advocate for Applicant/Accused.
Mr. Rakesh Tiwari, Ld. APP for the Respondent/State.
CORAM : H. H. THE ADDL. SESSIONS JUDGE,
SHRI A.S. SALGAR (C.R. NO.24)
DATED : 17TH FEBRUARY, 2024
(ORAL ORDER)
(Dictated and pronounced in the open Court)
This is an application filed by applicants/accused under
Section 439 of the Code of Criminal Procedure, 1973, for releasing
them on regular bail in connection with C.R. No. 491/2023
registered with Chunabhatti police station for the offence
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punishable under Sections 409, 420, 467, 471, 411, 427 r/w 34 of
I.P.C.
2.

The applicants/accused submitted that, they have not
committed any crime. They have been falsely implicated in this
case. Prima-Facie charge leveled under Section 409, 420, 467, 471,
411, 427 r/w. Sec. 34 of IPC against the applicants will not be
applicable. No purpose will be served by detaining the applicants in
custody till conclusion of trial. The applicants are ready to attend
the concerned police station, as and when required. Hence,
applicants/accused prayed for releasing them on regular bail in
connection with C. R. No.491/2023 registered with Chunnabatti
Police Station upon terms and conditions.
3.

The Investigation officer submitted say at Exh.02 and
resisted the application on the ground that applicants/accused
persons have falsely represented before the informant that they are
businessman
and
they
misappropriated
articles
worth
Rs.15,93,428/-. They also prepared forged DD and forged Purchase
Order. It is necessary to trace out the absconding accused, who
prepared forged documents and cheated to the Complainant. If bail
is granted to applicants/accused, then they will tamper the
witnesses and they will not remain present before the Court. Lastly
the Investigating Officer prayed for rejection of the bail application.
4.

Heard
applicants/accused
Ld.

Adv.

and
Respondent/State at length.

Ld.

Mr.

Bhavesh
APP
Pawar
Rakesh
for
the
Tiwari
for
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5.
Naresh
On the basis of report lodged by informant namely
Manohar
Ramkrishnani,
Chunabhatti
police
station
registered C.R. No. 491/2023 under section 409, 420, 467, 471,
411, 427 r/w. 34 of the I.P.C. against accused persons. It is alleged
that the informant runs the shop by name N. M. Traders and he is
dealing the business of selling electric wires. On 23.10.2023 he
received call from unknown person who introduced himself as
Rajesh. The informant gave the quotation to the said person. He
also sent quotation to accused Prashant. On 25.10.2023 the first
informant received the purchase order from one Kiran Bhagat on
his mobile. Informant has transferred the said order to M/s. Rahul
Electric, Dhobi Talao, Mumbai. The informant gave consent to
Rajesh for delivery of the goods. On 28.10.2023 the informant
received the demand draft of Rs.22,58,331/-. The informant told to
the representative of M/s. Rahul Electric to load the goods/electric
wires in the tempo. The representative of M/s. Rahul Electric
namely Pravin informed to the complainant that he loaded the
goods in the tempo. Then complainant deposited the said D. D. in
the bank and it was found that D. D. was bogus and forged one.
The accused persons cheated to the informant and prepared forged
purchase order and D. D. The accused person received the goods
worth Rs.15,93,428/- from complainant and gave forged D. D.
Informant lodged report against accused Rajesh, Avdhesh Pathak
and Kiran Bhagat.
6.

It is to be noted that, name of applicants/accused are
shown as accused No.6 and 7 in the remand application dated
6.01.2024. There are no specific allegation against them that they
cheated to the informant and prepared forged document. In F.I.R.

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allegation are against accused Salauddin that accused Mohammad
Siddiqui has sold out the material through accused Javed.
Applicants/accused have not purchased goods from other accused
persons. Grave offence of forging the D.D. and purchase order is
against accused Rajesh, Kiran and Avadesh Pathak. No allegation
are made against present applicants/accused of forging the D.D.
and purchase order. F.I.R. is not showing the specific role of
applicants/accused. So far as applicants/accused are concerned,
investigation of crime is practically completed. Therefore, further
custodial interrogation of the applicants/accused is not required.
7.

The applicant/accused are in jail from 03.01.2024. No
purpose will be served by keeping them behind bar. The applicants/
accused are not having criminal antecedent. They are permanent
resident of Mumbai. Hence they would not abscond. It will take
time to commence the hearing/trial of the case. Other principal
accused are not yet arrested and hence no purpose will be served
by keeping the present applicants/accused behind bar. The alleged
offence is triable by Ld. Metropolitan Magistrate. Therefore
considering nature of offence and role played by applicants in
crime, I am of view that by imposing conditions, the applicants
should be granted regular bail. Other accused namely Salauddin
Abdul Wahid Khan, Aarif Kaimullah Khan and Mohammad Siddiqui
were granted bail by this Court in Bail Application No.3084/2023,
2988/2023 and 3013/2023. Hence, on the ground of parity, these
applicants/accused are entitled for bail. Hence, I proceed to pass
following order :
ORDER
1.

Criminal Bail Application No. 312 of 2024 is allowed.

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2.

Applicants/accused persons namely Ishan Abdul Rehman Shaikh
and Shahbaz Mohamamd Salim Shaikh, resident of Mumbai be
released on regular bail under Section 439 of Cr. P. C. on
furnishing P. R. Bond of Rs.50,000/- each along with one or more
solvent surety in like amount each in connection with C.R. No.
491/2023 registered with Chunabhatti police station for an
offence punishable under section 409, 420, 467, 471, 411, 427
r/w. 34 of I.P.C. on following conditions :(a) The applicants/accused are directed to attend Chunabhatti
Police station on every Sunday of each month in between 10.00
a.m. to 01.00 noon till filing of charge-sheet.
(b) The applicants/accused and their surety shall provide their
respective residential addresses, mobile numbers and email
addresses, if any to investigation officer. The applicants/accused
shall intimate any such change in address or telephone number
and Email ID forthwith.
(c) The applicants/accused should not directly or indirectly make
any inducement, threat or promise to any person acquainted with
facts of case so as to dissuade him from disclosing the facts to
Court or any Police Officer and should not tamper with the
prosecution evidence and witnesses.
(d) The applicants/accused shall not leave India without prior
permission of Ld. Trial Court.
(e) Breach of any conditions by the the applicants/accused shall
result in cancellation of bail.

3.

Provisional
cash
bail
of
Rs.50,000/-
is
allowed
to
the
applicants/accused for period of 2 weeks to furnish surety from
the date of release.
4.

Bail before Ld. Trial Court.

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5.

Criminal Bail Application No.312 of 2024 stands disposed off
accordingly.

Date : 17.02.2024
Dictated on
: 17/02/2024
Transcribed on : 17/02/2024
HHJ signed on : 20/02/2024
[A.S. SALGAR]
ADDITIONAL SESSIONS JUDGE
GREATER MUMBAI
(C.R. No.24)
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
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Name of Stenographer
PRAJWALA V. PHODKAR
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Room No.)
Date of Pronouncement
JUDGMENT /ORDER
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JUDGMENT /ORDER signed by 20/02/2024
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