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MHCC020069242024
IN THE COURT OF SESSIONS FOR GREATER MUMBAI AT MUMBAI
BAIL APPLICATION NO. 1111 OF 2024
Kismat Ali Mohd. Chaudhary
… Applicant/accused
Vs.
The State of Maharashtra
(Through of Chunabhatti Police Station
vide C.R. No. 122/2024)
… Respondent/State
Appearance :Mr. Rahat Shaikh, Ld. Advocate for Applicant/Accused.
Mr. O.S. Maraskolhe, Ld. APP for the Respondent/State.
CORAM : H. H. THE ADDL. SESSIONS JUDGE,
SHRI A.S. SALGAR (C.R. NO.24)
DATED : 8TH MAY, 2024
(ORAL ORDER)
(Dictated and pronounced in the open Court)
This is an application filed by applicant/accused under
Section 439 of the Code of Criminal Procedure, 1973, for releasing
him on regular bail in connection with C.R. No.122/2024 registered
with Chunabhatti. police station for the offence punishable under
Sections 392, 387, 379, 323, 504, 506 (2), 411 r/w 34 of the I.P.C.
and section 37 (1)(a) r/w 135 of Maharashtra Police Act.

2.

Applicant/accused submitted that he has been falsely
implicated in this crime. During investigation pipe is recovered.

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There is not eye witness to the incident. The investigation is almost
completed. Applicant/accused is ready to obey terms and
conditions imposed by the Court. Hence, applicant/accused prayed
for grant of regular bail in connection with C.R. No.122/2024
registered with Chunabhatti. police station.
3.

The investigation officer submitted reply at Exh.2 and
resisted the application on the ground that weapons used in crime
are yet to be recovered. If bail is granted to applicant/accused then
he will tamper prosecution evidence. Lastly, investigating officer
prayed for rejection of bail application.
4.

Heard Ld. Advocate Mr. Rahat Shaikh for the
applicant/accused
and
Ld.

APP
O.S.

Maraskolhe
for
Respondent/State.
5.

Perused the contents of application and say filed by
investigating officer. I have gone through the F.I.R. The F.I.R. has
been lodged against Akash Khandagale, Roshan, Rushikesh Bhoval,
Rakesh Rane and Fallebhai. The name of applicant/accused is not
mentioned in F.I.R. In F.I.R. all the allegations are against accused
Nos.1 to 5 that they have demanded ransom amount to the
complainant and they gave threat to kill him. There are allegation
against accused Nos.1 to 5 that they forcibly removed cash of
Rs.2,000/- from pocket of pant of complainant and they assaulted
to the labours of complainant and stolen iron pipe worth
Rs.1,40,785/-. Thus it is clear that in F.I.R. no specific role of
applicant/accused has been mentioned. The complainant nowhere
submitted about the role of applicant/accused in the alleged
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incident. Nothing has been recovered at the instance of
applicant/accused.

Therefore
further
detention
of
applicant/accused is not required.
6.

It is contention of investigating officer in reply that the
applicant/accused without scrutinizing the documents purchased
the property from other accused persons. Therefore investigating
officer added Section 411 of I.P.C. in the crime. Thus according to
investigating officer Section 411 of I.P.C. is applicable to the
applicant/accused. It means other sections i.e. 392, 387, 379, 323,
504, 506 (2) of I.P.C.

are
not applicable
to the present
applicant/accused. At the most Section 411 of I.P.C. is applicable to
the applicant/accused which prescribe the punishment upto 3
years. The alleged offence is triable by Ld. Metropolitan Magistrate.
Applicant/accused is ready to obey terms and conditions imposed
by the Court. Applicant/accused is in jail from 1.04.2024. No
purpose will be served by keeping him behind bar. Considering the
nature of offence and role played by the applicant/accused in the
crime, I am of the view that applicant/accused is entitled for
regular bail on conditions. Hence, application needs to be allowed.
Therefore, I proceed to pass following order :ORDER
1.

Criminal
Bail
Application
No.1111
of
2024
filed
by
Applicant/accused is allowed.
2.

Applicant/accused namely Kismat Ali Mohd. Chaudhary, resident
of
Gala
No.F/18,
Annasagar,
Scrapes
Merchants
Welfare
Association, Annasagar Market, Kurla-Jarimari, Andheri Road,
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Andheri (East), Mumbai-400 072 be released on regular bail on
furnishing P. R. Bond of Rs.25,000/- along with one or two sureties
of like amount in connection with C.R. No.122/2024 registered
with Chunabhatti Police Station for the offences punishable under
Sections 392, 387, 379, 323, 504, 506 (2), 411 r/w 34 of the
I.P.C. and section 37 (1)(a) r/w 135 of M.P.Act. on following
conditions :(a) The applicant/accused is directed to attend the concerned
police station on every Sunday in between 10:00 a.m. to 01:00
noon till filing of charge-sheet.
(b) The applicant/accused is directed not to commit similar types
of offence.
(c) The applicant/accused and his sureties shall provide their
respective residential addresses, mobile numbers and email
addresses, if any to investigation officer. The applicant/accused
shall intimate any such change in address or telephone number
and Email ID forthwith.
(d) The applicant/accused should not directly or indirectly make
any inducement, threat or promise to any person acquainted with
facts of case so as to dissuade them from disclosing the facts to
Court or any Police Officer and should not tamper with the
evidence and prosecution witnesses.
(e) The applicant/accused shall not leave India without prior
permission of Ld.Trial Court.
(f) Breach of any conditions by the the applicant/accused, shall
result in cancellation of bail.
3.

Provisional
cash
bail
of
Rs.25,000/-
is
allowed
to
the
applicant/accused for period of 4 weeks to furnish surety from the
date of release.

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4.

Bail before Ld. Trial Court.

5.

Criminal Bail Application No.1111 of 2024 stands disposed off
accordingly.
Digitally signed
by ATUL
ATUL
SHANKARRAO
SHANKARRAO SALGAR
SALGAR
Date: 2024.05.14
11:51:22 +0530
Date : 08.05.2024
Dictated on
Transcribed on
HHJ signed on
[A.S. SALGAR]
ADDITIONAL SESSIONS JUDGE
GREATER MUMBAI
(C.R. No.24)
: 08/05/2024
: 09/05/2024
: 10/05/2024
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
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Name of Stenographer
PRAJWALA V. PHODKAR
Name of the Judge (With Court HHJ SHRI. A.S. SALGAR (CR 24)
Room No.)
Date of Pronouncement
JUDGMENT /ORDER
of 08/05/2024
JUDGMENT /ORDER signed by 10/05/2024
P.O. on
JUDGMENT /ORDER uploaded 13/05/2024
on