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MHCC020024082024
IN THE COURT OF SESSIONS FOR GREATER MUMBAI AT MUMBAI
CRIMINAL BAIL APPLICATION NO.334 OF 2024
1. Mr. Majid Idris Khan
Age : 28 years, Occ.: Driver,
R/At: Fulla Bas, Tq- Tijara,
Dist. Alwar, Rajasthan
2. Mr. Subin Hakam Khan
Age : 32 years, Occ. : Driver,
R/at, Post – Bajodh, Ta. Kisangarh Baz,
Dist. Alwar Rajasthan.
…Applicants/Accused
Vs.
The State of Maharashtra
(At the instance of Govandi Police Station)
…Respondent/State
Appearances :Mr. Sharif Shaikh, Ld. Advocate for the applicant/accused.
Mr. J. N. Surywanshi, Ld. APP for the Respondent/State.
CORAM : H. H. THE ADDL. SESSIONS JUDGE,
SHRI A.A. KULKARNI (C.R. NO.22)
DATED : 09th February, 2024
(ORAL ORDER)
(Dictated and pronounced in the open Court)
This is an application for bail under Section 439 of Cr. P.C.
Heard Ld. Advocate for the applicant and Ld. APP for the State. Perused
documents on record.
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2.
Ld. Advocate for the applicant submitted that police
arrested applicant in connection with Crime No.30/2024 registered by
Govandi Police Station for the offence punishable under Sections 328,
188, 272, 273 r/w 34 of IPC and Section 59 of Food Safety And
Standard Act. It is further contended that applicants are noway connect
with alleged offence. It is further contended that taking into
consideration allegations in FIR, there are no ingredients under Section
328 of IPC. Other alleged offences are bailable. There is no need of
custodial interrogation of applicant. Applicant is ready to co-operate
police in investigation. Hence, prayed for grant of bail.
3.
Ld. APP opposed the application on the ground that
applicant investigation is in progress. Hence, prayed for rejection of
application.
4.
In view of submissions of both sides and on perusal of
documents on record, main allegation against the applicant is of
commission of offence under Section 328 of IPC. On perusal of FIR,
there is no information about causing any hurt to any person with
intention to commit any offence. Therefore, ingredients of Section 328
of IPC are missing. All other offences are bailable. Already ban articles
are seized by police. Therefore, in such circumstances, I am of the
opinion that nothing is to be seized at the instance of applicant, there is
no point to detain applicant further for indefinite period. Therefore,
applicant is entitled to be released on bail. Hence, I passed the
following order :ORDER
1.
Criminal Bail Application No.334 of 2024 is allowed.
2.
Applicants/accused No. 1 Mr. Majid Idris Khan and accused No. 2
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Mr. Subin Hakam Khan be released on bail on his furnishing P.R.
bond of Rs.25,000/- each along with one or two sureties of like
amount in connection with C.R. No.30/2024 registered with
Govandi police station.
3.
The Applicants/accused shall attend Govandi police station on
notice of investigating officer.
4.
Applicants/accused shall attend trial of this case without fail.
5.
Applicants/accused shall furnish their residential address proof
and contact numbers and detail address, contact numbers and
Adhar Card numbers of his two close relatives to Investigating
Officer.
6.
Applicants/accused shall not directly or indirectly, make any
inducement, threat or promise 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.
7.
Applicants/accused shall not leave India without previous
permission of the Court.
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Bail before Ld. Court below.
9.
Criminal Bail Application No.334 of 2024 stands disposed of
accordingly.
Date : 09.02.2024
(A. A. Kulkarni)
Additional Sessions Judge,
Sessions Court,
Gr. Bombay (C.R.No.22)
Directly dictated on computer on : 09.02.2024
HHJ signed on
: 09.02.2024
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
Upload Date
Upload Time
09.02.2024
5.30 p.m.
Name of the Judge (With Court
Room No.)
Date of Pronouncement
JUDGMENT /ORDER
Order is prepared by Presiding Officer
HHJ SHRI. A.A. KULKARNI (CR 22)
of
09.02.2024
JUDGMENT /ORDER signed by
P.O. on
09.02.2024
JUDGMENT /ORDER uploaded
on
09.02.2024