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IN THE COURT OF SESSIONS FOR GREATER MUMBAI AT MUMBAI
CRIMINAL BAIL APPLICATION NO.1618 OF 2022
CNR NO. MHCC02­008756­2022
Karim Aijul Shaikh @ Babusha
Age: 20 years, Occ.: ­
R/at: Room No.306, Building No.1,
Madina Manzil, Katgari Dargah,
Vishnupur, Chembur (East), Mumbai.

…Applicant/Accused
Vs.
The State of Maharashtra
(At the instance of Sewree Police Station)
…Respondent/State
Appearances :­
Ms. Shahid Iqbal Azam Shaikh, Ld. Advocate for the applicant/accused.
Ms. Ratnavali Patil, Ld. APP for the Respondent/State.
CORAM : H. H. THE ADDL. SESSIONS JUDGE,
SHRI A.A. KULKARNI (C.R. NO.24)
DATED : 8TH JULY, 2022
(ORAL ORDER)
(Dictated and pronounced in the open Court)
This is an application for bail under Section 439 of Cr. P.C.
Heard Ld. Advocate for the applicant and Ld. APP for the State. Perused
documents on record.
2.

The Ld. Advocate for applicant submitted that applicant is
falsely implicated in this case by police. Investigation of the case is
completed and charge­sheet is filed by the police. Case is registered as
516/PW/2022. Ld. Metropolitan Magistrate rejected application of
applicant for bail. The Ld. Advocate for applicant submitted that there is
no need of further custody of applicant as alleged property is seized by
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police. Nothing is further required to seize at the instance of applicant.
Hence, prayed for grant of bail.
3.

Ld. APP filed say Exh.2 and opposed the application on the
ground that if the applicant is released on bail, there is possibility of his
absconding and repetition of similar offence. It is also contended that
applicant is habitual offender. Hence, prayed for rejection of the
application.
4.

In view of submissions from both sides and on perusal of
allegation against applicant, when informant was waking on road, he
was having mobile phone in his hand. At that time, one unknown
person came on motor cycle and snatched his mobile and went towards
Britaniya Junction. During investigation, mobile was seized at the
instance of applicant. It revealed that investigation is completed.
Alleged property is seized at the instance of applicant. Therefore,
nothing is remained to be seized further. Trial will take its own time.
During that period, indefinite detention of applicant is not required.
Though prosecution alleged that applicant is habitual offender, no
previous conviction is on record. Therefore, I am of the opinion that
applicant may be released on bail. Hence, I passed the following order :­
ORDER
1.

Criminal Bail Application No. 1618 of 2022 is allowed.

2.

Applicant/accused Karim Aijul Shaikh @ Babusha be released on
bail on his furnishing P.R. Bond of Rs.25,000/­ along with one or
two sureties of like amount in connection with C.R. No.121/2022
registered with Sewree Police Station.

3.

Applicant/accused shall attend Sewree Police Station on written
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notice by Investigator.
4.

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

5.

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.

6.

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

7.

Bail before Ld. Court below.

8.

Provisional cash bail of Rs.25,000/­ is granted for four weeks.

9.

Criminal Bail Application No.1618 of 2022 stands disposed of
accordingly.

Date : 08.07.2022
Dictated on
: 08.07.2022
Transcribed on : 08.07.2022
HHJ signed on : 08.07.2022
[A.A. KULKARNI]
ADDITIONAL SESSIONS JUDGE
GREATER MUMBAI
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE
ORIGINAL SIGNED JUDGMENT/ORDER.”
Upload Date
11.07.2022
Upload Time
4.30 p.m.

Name of Stenographer
PRAJWALA V. PHODKAR
Name of the Judge (With HHJ SHRI. A.A. KULKARNI (CR 24)
Court Room No.)
Date of Pronouncement
JUDGMENT /ORDER
of 08.07.2022
JUDGMENT /ORDER signed by 08.07.2022
P.O. on
JUDGMENT /ORDER uploaded 11.07.2022
on