BA.No.1489/2022
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MHCC020081192022
BEFORE THE DESIGNATED COURT UNDER M.P.I.D. ACT
CITY CIVIL & SESSIONS COURT, MUMBAI
BAIL APPLICATION NO.1489 OF 2022
IN
CR No.85 OF 2022
(Earlier F.I.R.No.64 of 2022 at Kalachowki Police Station)
Manoj Kashinath Koli
Aged55 years, Occ.Service,
an Adult, Indian Inhabitant,
Residing at Room No.182/B,
Dharavi Koliwada, near Holi Maidan,
DolaBagat Galli, Mumbai400 017.
.. Applicant.
VERSUS
1. The State of Maharashtra
(through Public Prosecutor)
2. Senior Inspector of Police,
Crime Control Branch,
Economic Offence Wing, Unit13,
Compound of Commissioner’s
Building, Mumbai400 001.
.. Respondent.
Appearances:
Ld. Senior Advocate Mr. Sanjog Parab @ Ld. Advocate Mr. Mohan Rao,
and Ld. Advocate Sulbha Rane for the Applicant.
Ld. SPP Mr. Malankar for the State/Respondent.
BA.No.1489/2022
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CORAM: HIS HONOUR ADDITIONAL SESSIONS
JUDGE SHRI S. M. TAPKIRE
(Court Room No.7)
DATED : 7th July, 2022.
ORAL ORDER
1.
This is an application under Section 439 of Code of Criminal
Procedure, 1973, to have the liberty to applicant/accused Manoj
Kashinath Koli in the crime no.85 of 2022 registered with E.O.W. Unit
13, Mumbai, for the offences punishable under Sections 379, 420, 465,
467, 468, 471, read with Section 34 and 120B of the Indian Penal
Code, 1860 (hereinafter IPC), as well as under Section 124 of the
Maharashtra Police Act, 1951.
2.
The respondent/State has submitted their written say at
Exhibit2. Thereby strongly opposed the bail plea of applicant.
3.
Perused the application, plea grievances, contentions and
grounds raised therein coupled with the documents reliance by the
applicant. Also perused the written say of respondent and objection
raised therein. Heard the learned Advocate Mr. Sanjag Parab for the
applicant, also heard learned SPP Malankar with Investigating Officer
API Mr. Sawant.
4.
Taking into consideration the rival submissions, contentions and
availed record it reveals the impugned crime initially registered with
Kalachowki Police Station, Mumbai, vide C.R.No.64 of 2022,
subsequently it has been transferred with the respondent/E.O.W.,
which is renumbered as 85 of 2022. Whereby the informant Parag
Vilas Shinde, Police Constable of Kalachowki has raised the allegations
BA.No.1489/2022
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plea grievance that on 06.05.2022, he was on duty during that
informed to them near the Cotton green parking a oil tanker is
appeared in suspicion condition. Therefore, he alongwith Police Officer
Mr. Jadhav, Mr. Landge and police squad had been there. They found
one oil tanker was parked thereat. Upon enquired with the driver of
said tanker, he failed to give proper and satisfy explanation. Upon
taking search of said oil tanker they have found black colour’s oil was
containing it. Thereby they have get availed the necessary samples for
examination and taken into custody the said driver namely Muktar
Mazhar Sheikh.
He informed about the name of the owner of oil
tanker as Kunal Wagh and Niyaz Shabbir Khan. While enquired about
the alleged incident as they have transpired oil availed in the said
tanker was filled and stealing from BPCL Company. The same was
black colour’s furnace oil. On relying said contention initially they have
registered the impugned crime for the offence punishable under
Section 124 of Maharashtra Police Act. Further, it is alleged that while
investigation of impugned crime the Investigating Agency has
transpired about involvement of other coculprits with regard to
commission of crime by all in furtherance of their common intention
for causing of theft of black colour furnace oil of BPCL Company. The
involvement and participation of applicant allegedly transpired by as he
was one of the part of racket of stealing the oil of BPCL Company.
Thereby arrested to him on 24.05.2022. He was remanded in PCR till
27.05.2022. Thereon he has raised the bail plea before the learned
Metropolitan Magistrate, I/C 69th Court, Mazgaon, Mumbai, which is
rejected principally on the ground that strong possibility of hampering
the investigation and circumstances raised by the applicant would not
considerable one at initiate stage.
BA.No.1489/2022
5.
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The applicant in that respect submitted that he was not involved
as alleged in impugned crime. The impugned crime initially raised
against just three alleged culprits namely Muktar Mazhar Sheikh, Kunal
Wagh and Niyaz Shabbir Khan. In FIR nowhere neither his name is
asserted nor any allegation grievance with regard to his involvement in
impugned crime is specified and clarified.
The material thing that
person who had initially involved in impugned crime are already
enlarged on bail.
It is alleged that as per statements of arrested
accused, the involvement of applicant to the investigating agency is
transpired. The same is certainly unjustified. While investigation of
impugned crime the investigating agency has nothing detected,
discovered or recovered in order to clarify the involvement and
participation of him in impugned crime. Moreover, as per record it
would clarify that he has not been the part of any wrongful gain of the
alleged matter. The learned Trial Court has pleased to reject his bail
plea on the ground of possibility of hampering and tampering the
investigation. The same is unsustainable, unreliable in view of material
availed against him. Moreover, by saddling certain conditions the very
purpose of the prosecution would be suffice. Thereby rejection of bail
plea is not material cause reasons to decline his liberty. He also raised
general grounds.
6.
The respondent/EOW and Investigating Officer have vehemently
opposed to the bail plea of applicant, principally on the ground against
the applicant having criminal antecedent which is registered in Kopri
Police Station wherein similar in nature allegations grievances have
been raised. This one is second similar in nature crime committed by
the applicant. The theft of furnace oil of BPCL Company is tune of
Rs.13,94,950/. The applicant was one of the most material involver in
BA.No.1489/2022
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impugned crime. The initial accused as well as the involvers namely
Muktar Mazhar Sheikh, Siraj Khan and applicant coupled with Kunal
Wagh, Ashish Mishra and Niyaz Shabbir Khan all were collectively
involved in impugned crime as they by making criminal conspiracy and
in furtherance of their common intention stole the furnace oil of huge
amount.
Prima facie the involvement of applicant transpires.
investigation of impugned crime is at nascent stage.
The
The certain
material relevant facts are yet to be clarified, investigated and detected.
In such circumstances the learned Trial Court has properly rejected his
bail plea as certainly there is strong possibility of hampering
investigation as the certain relevant concerned accused are yet to be
detected and arrested. They also raised general objection.
7.
The above such circumstances having into consideration rival
submissions, contentions and material availed by it prima facie inclined
at the outset. The impugned crime raised on 06.05.2022 in Kalachowki
Police Station, Mumbai vide C.R.No.64 of 2022 for the offence under
Section 124 of the Maharashtra Police Act. It reveals as per initial
enquiry of impugned crime the involvements of 3 culprits Muktar
Mazhar Sheikh, Kunal Wagh and Niyaz Shabbir Khan allegedly was
transpired. Moreover, while recording the police report and FIR the
concerned police personnel has clarified that upon taken into
circumstances the accused Muktar Sheikh, informed that the said
tanker belongs to the person namely Kunal Wagh and Niyaz Khan.
Thereby only against the trio the impugned crime raised which is
undisputed fact. All those three accused are enlarged on bail by the
learned Trial Court. The material relevant cognizable plea grievances
contentions of the investigating agency is that while investigating the
impugned crime, involvement of certain accused transpired. They have
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inclined that the applicant was also actively involved in impugned
crime as he was companion of accused namely Ashish Mishra, Siraj
Khan, Mukhtar Sheikh, Kunal Wagh and Niyaz Khan. They all have in
furtherance of their common intention and making criminal conspiracy
in view of stealing the huge amount of oil of BPCL company by
preparing and executing the crime committed by them. Considering
the same and principally the submission of Investigating Officer and
especially the ground and reason assigned for declining the liberty to
the applicant. It inclined they have just raised the grounds cause that
in impugned crime muddemal property to stole furnace oil of huge
amount is involved. All the accused by conspiracy executed the plan of
stealing oil of BPCL Company. The same is crystalized. As per record
collected by them the intentional commission of theft is transpired.
Moreover, the other accused have also informed the involvement of
applicant. Thereby considering the said nature of allegations coupled
with the reasons, grounds assign reason by the learned Trial Court for
declining the liberty to applicant. Prima facie inclined with regard to
involvement, participation and attributed role of the applicant, no
specific clear exact plea accusation are there. The record itself clarifies
that against the applicant just raised the accusation with regard to
involvement of him by his common intention and as a part of criminal
conspiracy. Except that no considerable cognizable reliable appreciable
grievance allegations are inclined. Though a learned Trial Court has
pleased to rejected his bail plea principally and material on the alone
ground of strong possibility of hampering the investigation by it clearly
inclined that only for such ground it would not appropriate to decline
to have liberty to him. Moreover, in that respect I felt that by saddling
stringent conditions here would be possible to have the liberty to
BA.No.1489/2022
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applicant. Herewith it is also required to be cautiously and judicially
considered and appreciate that in view of allegations raised against the
applicant it would not proper to detain him behind bar for indefinite
period.
Further, inclined that as the alleged crime registered on
06.05.2022, and the substantial material facts and circumstances of the
impugned crime certainly would have concerned and linking with the
records and documents, thereby on that ground also the custodial
detention of him is not necessary and essential. Hence, I am inclined to
have liberty subject to following conditions. With this, I proceed to
pass the following order.
Order
1.
The present Bail Application No.1489 of 2022 of ApplicantManoj
Kashinath Koli is hereby allowed, subject to following conditions :
i)
The applicantManoj Kashinath Koli, aged55 years,
occupation Service, residing at Room No.182/B, Dharavi, Koliwada,
Near Holi Maidan, Dolabagat Galli, Mumbai, be released on executing a
PR Bond of Rs.1,00,000/(Rupees One Lakh only) and furnishing one
or two solvent sureties in the like amount in C.R.No.85 of 2022,
registered with E.O.W. Unit 13, Mumbai, for the offences punishable
under Sections 379, 420, 465, 467,
468, 471 read with Section 34
and Section 120B of the Indian Penal Code (hereinafter ‘IPC’) as well
as under Sections 124 of The Maharashtra Police Act.
ii)
The applicant shall not tamper or hamper the prosecution
witnesses and evidence as well as pressurize to any of the prosecution
witness by any manner.
iii)
The applicant shall cooperate in investigation as well as
whenever he required for interrogation, he shall avail for the same.
iv)
The applicant shall not leave India without prior
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permission of Ld. Trial Court.
v)
The applicant shall deposit his passport with the
respondent/EOW, if any, availed by him.
vi)
The applicant shall submit his proper considerable
residential address proof as well as telephone & cell numbers with
respondent/EOW, in view of his contact.
2.
The applicant to make surety compliance before the learned Trial
Court.
3.
Accordingly,
inform
to
the
respondent
and
concerned
Investigating Officer by sending copy of this Court.
4.
The present Bail Application No.1489 of 2022 stands disposed of
accordingly.
(Dictated and pronounced in the open Court.)
SHRIRAM
MADHUKAR
TAPKIRE
Date : 07.07.2022.
Dictated on
: 07.07.2022
Transcribed on : 15.07.2022
Signed on
: 18.07.2022
Digitally signed
by SHRIRAM
MADHUKAR
TAPKIRE
Date:
2022.07.19
11:11:12
+0530
(S. M. Tapkire)
Additional Sessions Judge,
City Civil & Sessions Court, Mumbai.
BA.No.1489/2022
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT /ORDER”
19.07.2022
UPLOADED DATE AND TIME
Mrs. Pradnya S. Naik
NAME OF STENOGRAPHER
Name of the Judge (with Court Room no.)
H.H.J. S.M. Tapkire
C.R. No.07
Date of Pronouncement of Judgment/Order
07.07.2022
Judgment /Order signed by P.O. on
18.07.2022
Judgment/Order uploaded on
19.07.2022