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MHCC020062722024
IN THE COURT OF SESSIONS FOR GREATER MUMBAI AT MUMBAI
BAIL APPLICATION NO. 1006 OF 2024
Ishrat Abdul Rahim Baig @ Icchu
… Applicant/accused
Vs.
The State of Maharashtra
(Through of Trombay Police Station vide … Respondent/State
C.R. No. 130/2024)
Appearance :Mr. R.M.H. Jabali, Ld. Advocate for Applicant/Accused.
Mr. O.S. Maraskolhe, Ld. APP for the Respondent/State.
CORAM : H. H. THE ADDL. SESSIONS JUDGE,
SHRI A.S. SALGAR (C.R. NO.24)
DATED : 23RD APRIL, 2024
(ORAL ORDER)
(Dictated and pronounced in the open Court)
This is an application filed by applicant/accused under
Section 439 of the Code of Criminal Procedure, 1973, for releasing
him on regular bail in connection with C.R. No.130/2024 registered
with Trombay police station for the offence punishable under
Sections 3, 5 and 25 of Arms Act r/w 37(1)(A) r/w 135 of
Maharashtra Police Act.
2.

The applicant/accused submitted that he is innocent
and has not committed any offence. He has been falsely implicated
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in this case. All the weapons are recovered. All the offences are
triable by Ld. Metropolitan Magistrate. Applicant/accused is
permanent resident of Mumbai. No purpose will be served by
keeping applicant behind bar. The applicant is ready to abide by
any
term
and
condition
imposed
by
the
court.

Hence,
applicant/accused prayed for grant of regular bail in connection
with C.R. 130/2024 registered with Trombay police station.
3.

The Investigation officer submitted reply at Exh.2 and
resisted the application on the ground that applicant/accused is
habitual offender. He will tamper prosecution witnesses and
commit similar type of offence. Lastly, investigating officer prayed
for rejection of bail application.
4.

Heard
applicant/accused
Ld.
and
Adv.
Ld.

Mr.
APP
R.M.H.
O.S.

Jabali
for
the
Maraskolhe
for
Respondent/State.
5.

Perused the contents of application and say filed by the
investigating officer. By this application the accused prayed for
grant of regular bail. Ld. A.P.P. strongly objected for grant of bail. I
have gone through F.I.R. In F.I.R. the name of applicant/accused is
mentioned. The only allegation levelled against applicant/accused
is that he was possessing one country made pistol, one magazine
and two live cartridges without permit. Report of investigating
officer shows that investigating officer has seized the pistol as well
as magazine and two live cartridges.
6.

In present case firearms, magazines and live cartridges
were already seized by the investigating officer. Nothing is required
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to
be
seized
from
applicant/accused
is
the
possession
ready
and
of
the
accused.

willing
to
co-operate
The
to
investigating machinery. Therefore, applicant/accused is entitled to
be released on bail. The applicant/accused is in jail from
01.04.2024. No purpose will be served by keeping him behind bar.
Except offence under Sections 3, 5 and 25 of Arms Act, remaining
offences are bailable. Alleged offence is triable by Ld. Metropolitan
Magistrate. Therefore, applicant/accused is entitled for grant of
regular bail by imposing terms and conditions. Hence, application
needs to be allowed. Therefore, I proceed to pass following order :ORDER
1.

Criminal Bail Application No.1006 of 2024 filed by
Applicant/accused is allowed.

2.

Applicant/accused namely Ishrat Abdul Rahim Baig @ Icchu,
resident of D sector, X Line Near Ideal High School Cheeta
Camp Trombay Mumbai 400 088, be released on regular bail
on furnishing P. R. Bond of Rs.15,000/- along with one or
more sureties in like amount in connection with C.R.No.
130/2024 registered with Trombay Police Station for the
offence punishable under Sections 3, 5 and 25 of Arms Act
r/w 37(1)(A), 135 of Maharashtra Police Act on following
conditions :(a) The applicant/accused is directed to attend the concerned
police station on every Sunday in between 11:00 a.m. to
03:00 p.m. till filing of charge-sheet.
(b) The applicant/accused and his sureties shall provide their
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respective residential addresses, mobile numbers and email
addresses,
if
any
to
investigation
officer.

The
applicant/accused shall intimate any such change in address
or telephone number and Email ID forthwith.
(c) The applicant/accused should not directly or indirectly
make any inducement, threat or promise to any person
acquainted with facts of case so as to dissuade them from
disclosing the facts to Court or any Police Officer and should
not tamper with the evidence and prosecution witnesses.
(d) The applicant/accused shall not leave India without prior
permission of Ld.Trial Court.
(e) Breach of any conditions by the the applicant/accused,
shall result in cancellation of bail.
3.

Provisional cash bail of Rs.15,000/- is allowed to the
applicant/accused for period of 4 weeks to furnish surety
from the date of release.

4.

Bail before Ld. Trial Court.

5.

Criminal Bail Application No.1006 of 2024 stands disposed
off accordingly.

Date : 23.04.2024
[A.S. SALGAR]
ADDITIONAL SESSIONS JUDGE
GREATER MUMBAI
(C.R. No.24)
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Dictated on
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: 24/04/2024
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JUDGMENT /ORDER
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