BA 994/22
1
ORDER
IN THE COURT OF SESSIONS FOR GREATER BOMBAY
AT MUMBAI
CRIMINAL BAIL APPLICATION 994 OF 2022
( CNR NO.: MHCC020055882022 )
Maheshkumar Suryakumar Sahu
Age: 38 yrs, Occ: Grocery store,
R/at. Haji Mulla Chawl,
Nityanand Nagar,
Ghatkopar (W), Mumbai.
…Applicant/Accused
V/s.
The State of Maharashtra,
( At the instance of Ghatkopar
Police Station vide C.R.No.238/22)
…Respondent/State.
Appearance:
Shri. Sherif Shaikh, Advocate for the applicant/Accused.
Smt. Seema Deshpande, Addl.PP for the State/respondent.
CORAM : H.H. THE ADDL. SESSIONS JUDGE
DEEPAK L. BHAGWAT (C.R.60)
DATE : 05.05.2022
ORDER
1.
Vide present application under Section 439 of Code of
Criminal Procedure, the applicant requested to release him on bail in
Crime No. 238 of 2022 registered at Ghatkopar Police Station for
offences punishable under Sections 328, 272, 273, 188 r/w. Section 34
of Indian Penal Code and Section 30(2) of Food Safety and Standard
Act.
2.
The prosecution alleges that, on 12.04.2022 the accused
was found possessing contraband articles as scented pan masala and
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ORDER
tobacco in a godown room. The learned advocate on behalf of the
applicant argued that though case of the prosecution is accepted as it is,
offence under Section 328 of IPC is not attracted. Investigation is
completed. No need of further detention of the applicant. Therefore, he
requested to allow the application. On the other hand the learned APP
argued that the facts do constitute offence under Section 328 of IPC,
Investigation is in progress, this is not proper stage to allow the
application.
3.
Material to note that in the same crime coaccused namely
Dnyaneshwar Sahu has been granted bail on 26.04.2022 by the Court
Room No.58. The role of accused Dnyaneshwar and the present
applicant is similar. Thus, on the ground of parity the present applicant
is entitled for bail. That apart, police custody period of the applicant is
already over. No need of his further detention. Better to direct him to
attend
the
police
station
for
investigation.
Considering
these
circumstances it is just and proper to allow the bail application subject
to certain conditions. Hence, order as follows is passed:
:ORDER:
1. The Bail Application No.994 of 2022 is allowed as under.
2. The applicant accused namely Maheshkumar Suryakumar Sahu be
released on bail on executing personal bond of Rs.25,000/ and one or
two solvent sureties of the same amount in Crime No. 238 of 2022
registered at Ghatkopar Police Station.
3.
Cash security of Rs.25,000/ is permitted provisionally for the
period of 1 month in lieu of the surety bond.
4
The accused shall attend the Ghatkopar Police Station as and
when called by the Investigating Officer.
5.
The accused shall submit a list of atleast 3 blood relatives with
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ORDER
their detailed residential addresses and also the addresses of their place
of work if any, and documentary proof of showing the correctness of the
details provided by them.
6.
The accused and the surety shall inform the police authorities as
well as the trial court, the change of their residential address while the
accused is on bail.
7.
The accused shall submit copies of at least 2 documents amongst
the Pan Card, Adhar card, Ration card, Electricity Bill, Voter ID card
issued by the election commission or the documents in respect of
immovable properties owned by him.
8.
After submission of the documents as mentioned above, the
Investigating Officer shall conduct physical verification of the residential
address so as to confirm the address appearing on those documents.
9.
The accused shall not make any inducement or threat 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 or tamper with
the evidence.
10.
Conditions No. 5 to 8 shall be complied with simultaneous to the
furnishing of the cash security or the surety bond whichever is earlier.
11.
Bail before the Court of Metropolitan Magistrate.
Digitally signed
by DEEPAK
LAXMANRAO
DEEPAK
BHAGWAT
LAXMANRAO
Date:
BHAGWAT
2022.05.10
12:23:58
+0530
(Deepak L. Bhagwat)
Addl. Session Judge
Sessions Court,
Mumbai. C.R. 60
Dictated on
Transcribed on
Date of sign
: 05.05.2022
: 05.05.2022
: 10.05.2022
BA 994/22
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ORDER
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER”
10.05.2022, 01.00 pm
UPLOAD DATE AND TIME
Mrs. Revati V. Kadam
NAME OF STENOGRAPHER
Name of the Judge (with Court Room
No.)
HHJ Deepak L. Bhagwat,(C.R.No.60)
Addl. Judge.,City Civil & Sessions Court,
Date of pronouncement of /Order
05.05.2022
Order signed by P.O. on
10.05.2022
order uploaded on
10.05.2022