MHCC020000662024

IN THE COURT OF SESSIONS FOR GREATER MUMBAI AT MUMBAI CRIMINAL BAIL APPLICATION NO. 9 OF 2024

Javed Munshi Khan
Age : 53 years, Occ : Estate Agent,
R/at : B-31 Madhav Apartment,
CHS, Abdul Hamid Road,
Malwani, Malad West,
Mumbai 95. …Applicant/accused

Vs.

The State of Maharashtra (Through Tilak Nagar Police Station, Mumbai) …Respondent

Appearance :Adv. Mr. A. S. Pasbola, for the Applicant.
APP Mr. J. N. Suryawanshi, for the Respondent/State.

CORAM : H. H. THE ADDL. SESSIONS JUDGE, SHRI A.A. KULKARNI (C.R. NO.22) DATED : 03rd February, 2024. (ORAL ORDER) (Dictated and pronounced in the open Court)

This is an application under Section 439 of Cr. P.C. Heard Ld. Advocate for applicant and Ld. APP for the State. Perused the application, say and documents on record.

2.The Ld. Advocate for applicant submitted that applicant is arrested by Tilak Nagar police in connection with Crime No.750/2023 for the offence punishable u/s 420, 447, 465, 467, 468 and 471 of IPC. It is further contention that applicant has not committed any offence. He is falsely implicated in this case by police. Applicant has not made any representation before any Government Authority, nor any person. He has not fabricated documents about land alleged involved in this Case. He has not done any transaction in respect of property. Recovery has been made from accused Rajan Gulhane. Therefore, there is no purpose for his detention as nothing is to be recovered at his instance.
Therefore, prayed for grant of bail.

2.Ld. APP and investigating officer opposed application. It is their contention that if, applicant is released on bail there is possibility of tempering evidence of prosecution. From initial investigation it is
revealed that applicant has taken amount. It is contention that, amount of Rs. 30 lakhs it is yet to be recovered. Documents are also yet to be recovered. Another accused Pravin Bibhandik is arrested by police and he has admitted that, he received amount of Rs. 75 lakhs. Therefore, till further investigation with him applicant may not be released on bail. Hence, prayed for rejection of application.

3.In view of submissions from both sides and going through the allegation in FIR and other documents on record. Offence is registered against applicant and other accused on the basis of information of informant Shri. Aananda Maruti Patil Police Head Constable. As per his allegation at Chembur survey No. 320, CTS No. 623(B)/1 to 7, CTS No. 661 is land their office of ACP Deonar is situated and there is some open space. On 16.05.2023 accused namely Rajan Gulhane filed application to police and informed that in the above said plot someone committed encroachment, dispute is pending
between Government of Maharashtra and Government of India (Soult department). Accused Rajan Gulhane claimed that property belongs to him and he fixed board above it on the said plot. During inquiry it revealed that Rajan Gulhane forged documents about ownership of the plot and committed forgery and on the basis of forged documents he claimed ownership on the plot. During hearing, investigating officer shown me copy of authenticated documents of the plot as well as copy of forged documents prepared by accused. Further there are allegations that on the basis of forged documents applicant and other accused received amount from other persons. It is on record that charge-sheet is
filed by police, copy of of charge-sheet is placed on record for perusal. On going through it, there in no material against applicant showing his involvement in fabrication of any document or for reveiving any amount from any person on the basis of the documents. Therefore, in such circumstances applicant is entitled to be released on bail Hence, application is required to allowed. Therefore, I pass following order :ORDER

1.Criminal Bail Application No.09 of 2024 is allowed.

2.Applicant/accused Javed Munshi Khan be released on bail on their furnishing P.R. and S.B. Bond of Rs.25,000/- along with one or more sureties in the like amount in connection with C.R. No.750/2023 registered with Tilak Nagar police station.

3.Applicant/accused shall furnish his residential address proof and contact numbers to Investigating Officer.

4.Applicant/accused shall not directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts
to the Court or to any Police Officer.

5. Applicant/accused shall not leave India without previous permission of the Court.

6.Bail before learned Court below.

7.Criminal Bail Application No.09 of 2024 stands disposed off accordingly.

Date : 03.02.2024 (A. A. Kulkarni) Additional Sessions Judge, Sessions Court, Gr. Bombay (C.R.No.22) Directly dictated on computer on : 03.02.2024 HHJ signed on : 03.02.2024 “CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED JUDGMENT/ORDER.” Upload Date Upload Time 03.02.2024 5.30 p.m. Order is prepared by Presiding Officer Name of the Judge (With Court HHJ SHRI. A.A. KULKARNI (CR 22) Room No.) Date of Pronouncement JUDGMENT /ORDER of 03.02.2024
JUDGMENT /ORDER signed by P.O. on 03.02.2024 JUDGMENT /ORDER uploaded on 03.02.2024