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Cri BA No.19-2024
MHCC020001122024
IN THE COURT OF SESSION FOR GREATER BOMBAY
CRIMINAL BAIL APPLICATION NO.19 OF 2024
1. Krishna Kumar Gaurilal Gautam,
Age: 21 Years, Occ: Service.

]
]
2. Lalbahadur Somai Maurya,
Age: 36 Years, Occ: Service.

]
] …Applicants.

Versus
The State of Maharashtra
]
(At the instance of Kurla Police Station Vide C.R. ]
No.522 of 2023.)
] …Respondent.
Advocate Rajesh Kumar for applicants.
APP Sulbha Joshi for the State.
CORAM :
SHRI. S.B. PAWAR,
THE ADDL. SESSIONS JUDGE (C.R. No.58)
DATE
:
09th JANUARY, 2024.
ORDER
The Applicants, who are arrested in connection with C.R.
No.522 of 2022 registered with Kurla Police Station, Mumbai for
offence under sections 394, 397, 120-B r/w. 34 of the Indian Penal Code
have filed the present application for regular bail under section 439 of
the Criminal Procedure Code, 1973.
2.

As per the complaint filed by first informant Chirag
Rameshchandra Chaplot, he works as Supervisor in ‘Sheetal Laminate’,
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Cri BA No.19-2024
a plywood store at Milan Junction, Maharashtra Kanta, L.B.S. Road,
Kurla. He used to deposit the cash amount collected in the store in bank
accounts through ATM. On 16.12.2023, the son of the owner had kept
Rs.5,00,000/- cash in the shop and had instructed the first informant to
deposit the said amount alongwith the collection amount of the day in
ATM machine of ICICI Bank, Sion Branch. The collection amount of
Rs.4,00,000/- alongwith the amount of Rs.5,00,000/- kept by the son of
owner was lying in the shop. The first informant kept the said amount
in a bag and closed shop at about 7.50 p.m. He was to deposit the said
amount in ATM alongwith his co-worker Jitender. After closing the shop,
he assisted a tempo driver to uphold some plywood which was lying in
the adjacent mandir and his associate Jitendra proceeded to bring his
bike from parking. When the first informant was walking in the galli,
he was ambushed by three unknown persons. One person pressed his
neck. Out of the two persons, one threw chilli powder in his eyes and
the other person snatched the bag containing cash. The first informant
raised shouts. Some persons tried to chase them. However, they were
not found.

Thereafter, complaint came to be lodged against three
unknown persons on 17.12.2023 at 2.30 a.m. During investigation
accused No.1, who is applicant No.1 in the application came to be
arrested on 18.12.2023.

Later on the same day, other two accused
including applicant No.2 were arrested.
3.

Applicants contend that they are innocent. The FIR was
registered against unknown three persons, who had covered their face
with handkerchief. Recovered property i.e. cash is not specific and it is
planted upon the applicants. No role is attributed to the applicants.
Investigating agency is silent on the point how they got breakthrough in
the matter. The identity of culprits is disputed. The applicants are not
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Cri BA No.19-2024
involved in any assault or snatching of bag containing money.

The
injury sustained by first informant is simple in nature. The investigation
is practically over and no purpose would be served by keeping the
applicants behind bars.
4.

Prosecution filed separate replies Exh.19-A and Exh.19-B in
respect of each applicant and opposed bail on the grounds that
applicants were involved in the criminal conspiracy to commit the
offence of robbery, main accused and mastermind Shabbir Shaikh is yet
to be arrested, Test Identification Parade of applicants is to be
conducted, there is possibility that applicants may destroy evidence and
threaten the witnesses and they may commit similar offence and flee
from justice.
5.

Heard learned Advocate for applicants, learned APP and
Investigating Officer. Learned Advocate for applicants argued that the
identity of the robbers can not be established as they had put on mask
on their face. Weapon-knife is recovered from co-accused Mohd Shahid.
The recovery of cash from applicants is not specific as description of the
cash stolen is not given in the FIR. Therefore, there are no details to
match the recovery with the stolen cash. Informant is recovered from
the injury and he is out of danger. Therefore, there is no possibility of
escalation of the offence. Ultimately, he urged that as investigation is
practically over, the applicants be released on bail.
6.

Learned APP and investigating officer opposed bail by
submitting that the act was pre-planned and both the applicants were
involved in the plan.

They are not local residents.

Their role is
mentioned and cash is recovered from them therefore, as the offence is
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Cri BA No.19-2024
very serious and investigation is still not complete, they prayed that
application be rejected.
7.

I have carefully considered submissions of both the sides.

So far as the applicant No.1 is concerned, though the reply filed by
investigating officer is silent on his role, he happens to be the first
accused arrested in connection of the crime and on the basis of the
disclosures by him, other accused are nailed by the investigating agency.
Moreover, huge cash of Rs.1,50,000/- is recovered at the instance of
applicant No.1, which investigating agency claims to be the part of
share received by the applicant No.1 from the proceeds of the crime.
8.

As regards applicant No.2, it is alleged that he is employee
alongwith first informant in the shop owned by Mr. Ashok
Poonamchand Kothari and he instructed the three co-accused who
ambushed the first informant and executed the act after the signal given
by applicant No.2. It is further alleged that out of his share allotted to
him, an amount of Rs.25,000/- is recovered from applicant No.2.
Therefore, at this juncture, it can not be said that applicants are not
involved in the offence.
9.

Admittedly, as per the contents of FIR, the culprits had put
on masks on their face at the time of alleged incident.

The first
informant claims to have seen them with right eye even after throwing
chilli powder in his left eye. Test Identification Parade is still to be
conducted in which prosecution may establish identity of the three
assailants. The investigation is in progress and main accused Shabbir
Shaikh is still not arrested. The offence under section 397 as well as
394 of IPC is of serious nature. Therefore, considering the fact that
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Cri BA No.19-2024
investigation is in progress and charge-sheet is not filed, I am not
inclined to release applicants on bail. Therefore, following order is
passed:
ORDER
1.

Criminal Bail Application No.19 of 2024 filed by applicants in
connection with C.R. No.522 of 2023 registered with Kurla Police
Station for offence under sections 394, 397, 120-B r/w. 34 of Indian
Penal Code is rejected.
2.

Criminal Bail Application No.19 of 2024 is disposed off
accordingly.

Date : 09/01/2024
(S.B. PAWAR)
Additional Sessions Judge
City Civil & Sessions Court,
Gr. Bombay
Order Dictated on: 09/01/2024
Transcribed on : 09/01/2024
Checked on
: 10/01/2024
Signed on
: 10/01/2024
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
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