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B.A. 852/24
MHCC020054402024
IN THE COURT OF SESSION FOR GREATER BOMBAY
CRIMINAL BAIL APPLICATION No.852 OF 2024
Khilansingh Kaluram Ahirwar
Age 54 years, Occ : Worker,
Residing at Ward No.3, Navi Basti,
Ganja Basoda, Vidisha,
Madhya Pradesh
….Applicant
– Versus The State of Maharashtra
(At the instance of Kurla Railway
Police Station C.R.No.298/2024)
.… Respondent
Appearance :Adv. Smita Pawar for the Applicant/accused.
APP Iqbal Solkar for the State present.

CORAM : RAJESH A. SASNE,
ADDITIONAL SESSIONS JUDGE,
COURT ROOM No. 30.
DATED : 04/04/2024
ORDER
This is an application filed by the accused u/sec.439 of The
Criminal Procedure Code for releasing him on bail in connection with
C.R.No.298/2024 registered with Kurla Railway Police Station, Mumbai
for the commission of offences punishable u/sec. 379 of The Indian
Penal Code.

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2.

B.A. 852/24
It is the contention of the applicant / accused that he is
innocent and falsely implicated in the present case. The accused is
arrested on 13.03.2024. The applicant / accused submits that he has
undergone custodial interrogation. The investigation is completed. The
applicant is the only earning member in the family. There is no point in
keeping the accused behind bars till conclusion of trial. There is no
criminal antecedents against the accused. He is the permanent resident
of his given address therefore he prayed for releasing him on bail.
3.

The prosecution opposed the application by filing reply
vide Exh.2. It is the contention of the prosecution that if the accused is
released on bail there are chances that he may flee away from justice. If
the accused is released on bail there are chances of threatening of
prosecution witnesses and tampering of prosecution evidence. Hence,
prosecution prayed for rejection of the application.
4.

Read the application, say filed by the prosecution. Heard
the ld. Advocate for the applicant, ld. APP for the respondent / State.
5.

I have gone through the application, reply, documents filed
on record. It is the case of the prosecution that when the informant
Kannaya Sampati Singh was about to travel from Lokmanya Tilak
Terminus, one unknown person committed theft of his belongings.
Accordingly report is lodged and offence is registered.
6.

During the course of investigation on the basis of CCTV
footage and secret intelligence, the police arrested the accused on
13.03.2024. On the basis of memorandum statement of the applicant /
accused, from his house police recovered the stolen property which
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B.A. 852/24
include gold jewellery, gold chain, gold finger ring and tab. The police
also recovered cash of Rs.12,000/- from the accused.
7.

It is the contention of the applicant that since more than
one month he is behind bars. There is no criminal record of the
applicant and there is no single conviction of the accused.
8.

The record shows that the accused Khilansingh Kaluram
Ahirwar has been convicted in regular Criminal Case No.975 of 2018.
Therefore, there is no substance in the contentions of the applicant that
he has no criminal antecedent. The ld Metropolitan Magistrate has
rejected his bail application observing that the accused is habitual
offender. The copy of aforesaid judgment produced, by the prosecution
reveals that the accused has been previously convicted in the like
offence and therefore, he is habitual offender. In the present crime he
has been arrested on 13.03.2024. Investigation in the present case is in
progress. Considering the past record of the applicant if he is released
on bail, he will flee away from the justice. He will tamper with the
prosecution evidence. Hence, in my view the applicant / accused is not
entitled for the bail. In the result, I pass the following order :
ORDER
Criminal Bail Application No.852 of 2024 is rejected and disposed off
accordingly.
Date : 04/04/2024
Dictated on
: 04.04.2024
Transcribed on
: 05.04.2024
Signed by HHJ on : 05.04.2024
( RAJESH A. SASNE )
Additional Sessions Judge,
Gr. Mumbai.

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B.A. 852/24
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
ORDER.”
05/04/2024
5.37 p.m.

UPLOAD DATE
TIME
J.S. Chavan
NAME OF STENOGRAPHER
Name of the Judge (With Court H. H. Additional Sessions Judge Shri. R.A.
Room No.)
Sasne, Court Room No. 30.
Date of Pronouncement of ORDER 04/04/2024
ORDER signed by P.O. on
05/04/2024
ORDER uploaded on
04/04/2024