B.A.90/2022
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Order
IN THE COURT OF SESSIONS FOR GREATER BOMBAY AT BOMBAY
CRIMINAL BAIL APPLICATION NO. 90 OF 2022
( CNR NO.: MHCC02­000428­2022 )
Jubed @ Juvaid Rahman Khan
Age: 20 years, Occ: Service
R/o: Near Shanu Cloth Shop
Koyale Wala Galli, Zopadpatti,
Bandra (East), Mumbai­51
…Applicant/Accused.

V/s.
The State of Maharashtra.
( At the instance of Deonar P.Stn.
Vide C.R. No.176/2021)
…Respondents/State.

Appearance:­
Mr. O.P. Dubey Advocate for the Applicant/Accused.
Mr. Ramesh Siroya, APP for the State/respondent.
CORAM : H.H. THE ADDL. JUDGE
SHRI G.B.Gurao (C.R.17)
DATE : 25/01/2022.
ORDER
1.

This is an application under section 439 of Cr.P.C. for bail by
applicant/accused Jubed @ Juvaid Rahman Khan in crime No.176/2021
under section 379,411 r/w 34 of IPC
registered at police station
Deonar, Mumbai.
Facts in brief are as under :­
2.

Complainant
purchased
Maruti
Deepak Rajput is a driver. Complainant has
Suzuki
Taxi
bearing
No.

MH­47­AS­1723.

Complainant and his brother were doing business of transporting fish
from said taxi. On 22/4/2021 at about 4.30 a.m. complainant had been
B.A.90/2022
to Colaba.

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Order
Complainant had transported fish from Colaba to
Ghodhbandar. Thereafter, on next date when complainant tried to start
taxi, he heard big sound.

He found that silencer was stolen.

Accordingly, he lodged report. It is alleged that the price of the said
silencer was Rs.76,000/­. Accordingly, crime was registered. During
investigation police seized said silencer from accused. It is alleged that
accused nos. 1 to 3 had stolen silencer, sold the same to accused no.4.
Accused no.4 drew metal powder from silencer and sold the said
powder to accused no.5. Accordingly, charge­sheet was filed against the
accused.
3.

Mr. O.P. Dubey Advocate for applicant/accused has submitted
that applicant is innocent and he has not committed any crime. Charge­
sheet is filed. Accused is suffering from Tuberculosis. He needs medical
treatment.

Accused is permanent resident of given address and he
undertakes to abide by the conditions, if any imposed by the Court.
Hence, he prayed to release the applicant/accused on bail.
4.

Mr. Ramesh Siroya, APP for the State has submitted that if
accused is released on bail then he will commit similar type of offence.
He prayed to reject the application.
5.

I have Perused the copy of charge­sheet. It is alleged that accused
nos. 1 to 3 had stolen silencer and accused no.4 drew mental powder
from it and sold the same to accused no.5.

From the documents, it
appears that accused is suffering from Tuberculosis. He is permanent
resident of given address and he undertakes to abide by the conditions
imposed by the Court. Further custodial interrogation of the accused is
not necessary, hence, he is entitled for bail.

Accordingly, following
B.A.90/2022
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Order
order.
ORDER
1.

Bail Application No. 90/2022 is hereby allowed.

2.

Applicant/accused namely Jubed @ Juvaid Rahman
Khan be released on execution of P.R Bond of
Rs.15,000/­ (Fifteen Thousand only) with one or
more sureties in like amount in C.R. No. 176/2021
u/s 379, 411 r/w 34 of Indian Penal Code registered
at Police Station Deonar on the conditions that :­
a)
He shall not pressurize the prosecution
witnesses in any manner.
b)
He shall not commit any offence while on bail.

c)
He shall furnish his correct address to the
investigating officer.
3.

He be released on provisional cash bail of
Rs.15,000/­. Duration of provisional cash bail shall
be for four weeks.

4.

Bail before Ld. Magistrate.

5.

Bail Application No.90/2022 is disposed of
accordingly.

Digitally signed
by GIRISH
BALKRISHNA
GIRISH
GURAO
BALKRISHNA
Date:
GURAO
2022.01.28
13:42:20
+0530
(G.B.Gurao)
Addl. Judge
City Civil & Sessions Court,
Gr. Bombay.
Dictated on
Transcribed on
Date of sign
: 25.01.2022.
: 27.01.2022.
: 28.01.2022.

B.A.90/2022
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Order
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER”
28.01.2022.
UPLOAD DATE AND TIME
Mrs. S.S.Sawant
NAME OF STENOGRAPHER
Name of the Judge (with Court Room
No.)

HHJ SHRI.G.B.Gurao,(C.R.No.11)
Addl. Judge.,City Civil & Sessions Court,
Date of pronouncement of /Order
25.01.2022.

Order signed by P.O. on
28.01.2022.

order uploaded on
28.01.2022.