BA No.369/2024
Page No. 1
ORDER Dated 21.02.2024
MHCC020026072024
IN THE COURT OF SESSIONS FOR GREATER BOMBAY,
AT MUMBAI
BAIL APPLICATION NO. 369 OF 2024
IN
C.R.NO.57 OF 2024
Lenin Jorge Nadar
Age :- —- Years, Occupation :- Nil.
R/o : Room no.04, Atmaram Mahatre Chawl,
Near Durga Mata Mandir,
Chunabhatti, Mumbai.
…Applicant/accused
V/s.
The State of Maharashtra,
Through the investigating Officer
Chunabhatti Police Station.
…Respondent/Org. Complainant.

———————————————————————————Appearance :-
Advocate Mr.Tabish Mooman for applicant.
Ld.APP Mr.Rakesh Tiwari for State/respondent.

———————————————————————————CORAM :- HH THE ADDL.SESSIONS JUDGE
SHRI A.S.SALGAR
(Court Room No.24)
DATE :- 21th February, 2024.

BA No.369/2024
Page No. 2
ORDER Dated 21.02.2024
(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.57/2024 registered with
Chunabhatti Police Station for the offence punishable under Sections 3
and 25 of Arms Act r/w 37(1)(A), 135 of Maharashtra Police Act.
2.

The applicant/accused submitted that he is innocent and
has not committed any offence. He has been falsely implicated in this
case.

Investigation is completed and there is nothing more to be
recovered from applicant. No purpose will be served by keeping
applicant behind bar. The applicant is ready to abide by any term and
condition imposed by the court. Hence, applicant/accused prayed for
grant of regular bail in connection with C.R.57/2024 registered with
Chunabhatti Police Station.
3.

The Investigation officer submitted reply at Exh.2 and
resisted the application on the ground that, seized weapon is sent to
chemical analyzer for analysis. He will also tamper the evidence of
prosecution. Lastly, investigating officer prayed for rejection of bail
application.
4.

Heard
Ld.

Advocate
Mr.Tabish
Mooman
for
the
applicant/accused and Ld. APP Mr.Rakesh Tiwari for Respondent/State.
5.

On the basis of the report lodged by informant namely
Bhimashankar Pandhare, the Chunabhatti Police Station registered the
C.R. No.57/2024 against accused for the offence punishable under
Section 3 and 25 of Arms Act r/w 37(1)(A), 135 of Maharashtra Police
Act. It is alleged that on
02-02-2024 at about 18:35 hours, near
BA No.369/2024
Page No. 3
ORDER Dated 21.02.2024
Chatrapati Maidan, Chunabhatti, Mumbai the accused was illegally
found in possession with country made pistol. Hence, the report was
lodged by informant against accused.
6.

It is to be noted that the name of applicant/accused is
mentioned in F.I.R. The F.I.R. has been lodged against accused. In F.I.R.
allegation levelled against the accused that, he was possessing with
country made pistol. The investigating officer recovered the country
made pistol from the possession of accused.
7.

In present case country made pistol were already seized by
the investigating officer.

Nothing is required to be seized from the
possession of the accused. The applicant/accused is ready and willing to
co-operate to investigating machinery. There is no criminal antecedent
against applicant/accused. Therefore, applicant/accused is entitled to
be released on bail. The applicant/accused is in jail from 02-02-2024.
No purpose will be served by keeping him behind bar. Except offence
under Sections 3 and 25 of Arms Act, remaining offences are bailable.
Alleged offence is triable by Ld. Metropolitan Magistrate. Therefore,
applicant/accused is entitled for grant of regular bail by imposing terms
and conditions. Hence, application needs to be allowed. Therefore, I
proceed to pass following order :ORDER
1.

Criminal Bail Application
Applicant/accused is allowed.

No.369
of
2024
filed
by
2.

Applicant/accused namely Lenin Jorge Nadar, resident of
Chunabhatti, Mumbai be released on regular bail on furnishing P.
R. Bond of Rs.15,000/- along with surety in like amount in
connection with C.R. No. 57/2024 registered with Chunabhatti
Police Station for the offence punishable under Sections 3, 25 of
BA No.369/2024
Page No. 4
ORDER Dated 21.02.2024
Arms Act r/w Sections 37(1)(A), 135 of Maharashtra Police Act
on following conditions :(a) The applicant/accused is directed to attend the concerned
police station on every Monday in between 11:00 a.m. to 02:00
p.m. till filing of charge-sheet.
(b) 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.
(c) 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.
(d) The applicant/accused shall not leave India without prior
permission of Sessions Court.
(e) Breach of any conditions by the the applicant/accused, shall
result in cancellation of bail.
3.

Provisional cash bail of Rs.15,000/- is allowed to the
applicant/accused for period of 4 weeks to furnish surety from
the date of release.

4.

Bail before Ld. Trial Court.

5.

Criminal Bail Application No.369 of 2024 stands disposed off
accordingly.
Sd/(Shri. A. S. Salgar)
Addl. Sessions Judge,
Court Room No.24
City Civil & Sessions Court,
Greater Mumbai.

Date :- 21-02-2024.

Date of Dictation
: 21-02-2024
Date of Transcription : 29-02-2024
Date of signature
: 29-02-2024
BA No.369/2024
Page No. 5
ORDER Dated 21.02.2024
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE
ORIGINAL SIGNED JUDGMENT/ORDER.”
Upload Date
Upload Time
29-02-2024
12:15 noon
Name of Typist
Mr. Jitesh Suresh Shinde
Name of the Judge (With C.R. No.)
Date
of
Pronouncement
JUDGEMENT /ORDER
H.H.J. Shri A.S.Salgar (C.R.No. 24)
of
21-02-2024
JUDGEMENT /ORDER signed by P.O.
on
29-02-2024
JUDGEMENT /ORDER uploaded on
29-02-2024