CRI. BA 331/2024
1
ORDER
MHCC020025002024
IN THE COURT OF SESSIONS FOR GREATER BOMBAY
AT MUMBAI
CRIMINAL BAIL APPLICATION NO. 331 OF 2024
( CNR NO.: MHCC02-002500-2024 )
MRS.JAYA SHIVRAJ GOVIND
Age-58 yrs Occupation- House Wife
Address: Property (Khasra) No 125
D Plot No E2, 5th Floor Star Apartment,
Neb Sarai, New Delhi.
V/s.
The State of Maharashtra,
(At the instance of Bhandup
Police Station vide C.R.No.02/2024)
…Applicant/Accused
…Respondent/State.

Appearance:Ld. Adv. P.R. Patond a/w. Ld. Adv. Haresh Rokade for the
applicant/accused.
Ld. S. P.P. Veena Shelar for the State/respondent.
CORAM : H.H. THE ADDL. SESSIONS JUDGE
S.M. TAPKIRE (C.R.60)
DATE : 17.02.2024.

CRI. BA 331/2024
2
ORDER
ORDER
1.

This is an application under Section 439 of Code of
Criminal Procedure, 1973 (hereinafter referred to as Cr.P.C) in
connection with the crime vide C.R. No. 02 of 2024 dated 01.01.2024
registered with respondent/state for the offences punishable under
Sections 392 and 379 r/w. 34 of the Indian Penal Code, 1860.
2.
of
The respondent/state has strongly opposed to the bail plea
the
applicant on various
grounds
by
filing
their
written
say/submission at Exh-5.
3.

Perused the application, plea submissions, grounds raised
therein coupled with the documents placed reliance by the applicant.
Also, perused the written say/objection of respondent/state. Heard Ld.
Advocate for the applicant and the Ld. S.P.P. for respondent/state.
4.

Having heard to the rival parties and considered their
raised submissions contentions objections record material availed
prima-facie inclined in impugned crime the applicant and her three
companions namely Anjali Singh, Mantosh and Roshni Singharam are
involved. The applicant is arrested on 19.01.2024. Allegedly, the trio coaccused are absconded. The bail plea of applicant raised before the Ld.
ACMM 53rd Court, Mulund, Mumbai is pleased to rejected on
01.02.2024 on the ground that co-accused are absconded, allegations
are serious in natures. Investigation is at nascent stage and entire
property is not recovered. The record shows initially the impugned
crime raised against the unknown culprits. However, while investigation
CRI. BA 331/2024
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ORDER
through the technical investigation, CCTV footage recording, allegedly
the involvement participation and attribution of role of applicant and
co-accused transpired. Against the accused alleged that on 31.10.2023
in between 07:30 p.m. to 10:15 p.m., there was religious programme of
recitation of Shree Bhagwat Geeta of the preacher/recitationist Shivam
Shukla near at Sunshine Building. While said programme two gold
chains of informant Radhika Singh and Anita Tiwari robbed by
unknown person. While investigation it has been detected transpired
that the applicant and her companion committed the impugned crime.
Though they are residents of New Delhi, however, for committing the
crime of robbery, theft they used to come in Mumbai, and then fled
from there.
5.

The applicant has denied the entire allegations grievance
and raised the plea of false implication without any reason and cause
direct indirect evidence. Also submitted that the investigation
machinery has recovered one gold chain. One mobile handset, however,
they failed to detect transpire the alleged involver co-accused. Her bail
plea is rejected on mere and presumptive grounds. In view of levelled
allegations certainly no any requirement of her further custodial
detention is there. Moreover, certainly the substantial relevant facts
circumstances are just concerned with the electronic evidence. Thereby,
her further custodial detention is not essential for any purpose. She also
raised general grounds.
6.

The respondent/state has vehemently objected to the bail
plea of applicant principally on the ground she is main culprit of
impugned crime. Her companion co-accused are yet to detected
CRI. BA 331/2024
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ORDER
transpired and arrested. From the custody of applicant one gold chain,
her mobile handset have been recovered and seized. They have robbed
two gold chains from the crowded programme. Their residence are at
New Delhi. The exhaustive investigation is not completed. They are
habituated to commit similar in natures crime. Even, there is strong
possibility of her abscondance and fleeing from the trial. They have also
raised general objections.
7.

In above such circumstance cautiously considered the
entire record material availed raised submissions objections it inclined
in impugned crime applicant and her companion three co-accused are
involved. However, she alone is arrested from New Delhi on
19.01.2024. Allegedly from her custody her one mobile handset, one
seven grams gold chain have been discovered recovered and seized.
Allegedly in her bank account the amount of Rs.62,000/- was there. The
same is freezed. The impugned crime initially raised against the
unknown person. However, while investigation and making technical
analysis upon considered the CCTV footage recording, allegedly the
involvement of applicant and co-accused transpired clarified. The Ld.
Trial Court has pleased to rejected her bail plea on certain mere
grounds. However, considering all such circumstances eventualities and
requirement of further investigation raised other general objections by
respondent, I felt by saddling stringent conditions would appropriate to
have the liberty to her. With this passed the following order.
:ORDER:
1. The present Criminal Bail Application No.331 of 2024 is hereby
CRI. BA 331/2024
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ORDER
allowed, subject to following conditions by the applicant/accused.
a.

The applicant MRS.JAYA SHIVRAJ GOVIND, age 58 years,
residing at Property (Khasra) No 125, D Plot No E2, 5th Floor, Star
Apartment, Neb Sarai, New Delhi be released on executing a P.R. Bond
of Rs.1,00,000/- (Rupees One Lakh Only) and furnish one or two
solvent sureties in the like amount in connection with the crime vide
C.R. No.02 of 2024 registered with Bhandup Police Station for the
offences punishable under Sections 392 and 379 r/w. 34 of the Indian
Penal Code, 1860.
b.

The applicant shall not tamper or hamper the prosecution
witnesses and evidence by any manner.
c.

The
applicant
shall
record
her
attendance
with
respondent/Bhandup Police Station on every Monday of every week
between 11.00 a.m. to 05.00 p.m. until submission of charge-sheet.
d.

The applicant shall attend every date of trial without fail.

e.

The applicant shall not indulge in any criminal activity.

f.

The applicant shall not leave India without prior permission of
Ld. Trial Court.
g.

The applicant shall submit her proper considerable residential
address proof as well as telephone and cell numbers with respondent, in
view of her contact.

CRI. BA 331/2024
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ORDER
h.

The applicant to make surety compliance before Ld. Trial Court.

i.

Accordingly, inform to the Ld. Trial Court, Investigating
Officer/Bhandup Police Station by sending copy of this order.
j.

The respondent/Bhandup Police Station to take note of this order.

k.

The present Criminal Bail Application No.331 of 2024 stands
disposed of accordingly.
Dictated and pronounced in open court
Sd/(S.M. Tapkire)
Addl. Sessions Judge
Sessions Court,
Mumbai. C.R. 60
Dictated on
Transcribed on
Date of sign
: 17.02.2024
: 17.02.2024
: 21.02.2024
CRI. BA 331/2024
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ORDER
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
21/02/2024, 3.22 p.m.
UPLOAD DATE AND TIME
Mr. Prasad S. Pednekar
NAME OF STENOGRAPHER
Name of the Judge (with Court Room No.)

HHJ S.M. Tapkire,(C.R.No.60)
Addl. Sessions Judge.,City Civil & Sessions
Court, Mumbai.

Date of pronouncement of Judgment/Order
17.02.2024
Order signed by P.O. on
21.02.2024
Order uploaded on
21.02.2024