MHCC020048162022
IN THE SESSIONS COURT FOR GREATER MUMBAI
AT MUMBAI
CRIMINAL BAIL APPLICATION NO.854 OF 2022
(CRIME NO.326 OF 2021, SHAHU NAGAR POLICE STATION)
CNR No.MHCC02-004816-2022
Mehtab Amjad Shah @ Guddu,
Age : 29 years, Occ. : Driver,
R/o. : Shelter House Compound,
Bandra Bus Depot, Room No.100,
Koyla Guulli, Behrampada, Bandra West,
Mumbai – 50.

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… Applicant
Vs.
State of Maharashtra,
Through Shahu Nagar police station.

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… Respondent/
Complainant
Appearances :Mr. R. T. Jagasia, Ld. Adv. for applicant.
Ms. C. A. Panshikar, Ld. A.P.P. for respondent/State.
CORAM : PURUSHOTTAM B. JADHAV,
ADDL. SESSIONS JUDGE,
COURT ROOM NO.22.
DATE : 19th April, 2022.
ORDER
1.

This
is
an
application
for
regular
bail.

The
respondent/State resisted it by filing say at Exhs.2 and 3. Read the
application and say. Heard both sides. Perused the record.
Addl. Sessions Judge
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2.

BA 854/22
Crime No.326 of 2021 is registered with Shahu Nagar
police station for offence punishable under Section 406 r/w. 34 of the
Indian Penal Code. The first informant Sanjay Janu Pawar is working
with Primemovers Mobility Technology Pvt. Ltd. in Legal Department.
According to him, on 25/08/2021, at about 13.36 hours, his Company
received order of hiring the car from 25/08/2021 to 27/08/2021. After
usual procedure, his Company gave the car in the possession of accused
Mohd. Fardeen. On 27/08/2021, at about 17.30 hours, his Delivery
Executive Rajaram Shinde made call to accused Mohd. Fardeen, but his
mobile was switched off. When the car was traced through G.P.S.
system, its location was Amravati. However, when the employees of the
Company were sent on that location, it was not found there. After this,
it is confirmed that accused Mohd. Fardeen committed breach of trust
in respect of the car entrusted with him.
3.

According to the Investigating Officer, it is revealed in the
investigation that all the accused conspired to misappropriate the car.
One of the accused is present applicant.
4.

Learned Advocate for the applicant submitted that remand
application does not pinpoint the role of the applicant. He further
submitted that it is not the case of first informant that the car was
entrusted with the applicant. He also submitted that the applicant had
no knowledge of intention of the co-accused. He further submitted that
the applicant came to be arrested on 01/04/2022. He fully co-operated
with Investigating Officer and ready to abide any condition imposed by
this Court. He also submitted that the applicant has no criminal
antecedent. He prayed for bail.
Addl. Sessions Judge
-3-
5.

BA 854/22
Learned A.P.P. submitted that the car is yet to be recovered.

Other two associates of the applicant are also yet to be traced out. She
submitted that there is possibility of tampering of witnesses and
repetition of the offence. She submitted that the applicant was
absconding since commission of offence and therefore, there is
possibility of abscondance of the applicant. Considering the conduct of
the applicant, there is possibility that the applicant would abscond, if
released on bail. Therefore, though, offence is punishable with
imprisonment upto three years, the applicant cannot be released on
bail during the investigation. If he is released on bail, it would hamper
the investigation. Considering the facts and circumstances of the case, I
am of the opinion that this is not a fit case for granting bail. The
application deserves to be rejected. Accordingly, I pass the following
order :ORDER
Bail Application No.854 of 2022 is rejected and disposed of accordingly.
Digitally signed
by
PURUSHOTTAM
BHAURAO
JADHAV
Date:
2022.04.21
13:50:55 +0530
Date : 19/04/2022.
Directly typed on Computer on
Printed on
Signed on
Addl. Sessions Judge
( Purushottam B. Jadhav )
ADDL. SESSIONS JUDGE,
CITY CIVIL & SESSIONS COURT,
GREATER MUMBAI.
: 19/04/2022.
: 20/04/2022.
:
-4-
BA 854/22
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
UPLOAD DATE AND TIME
21/04/2022 at 1.55 p.m.

NAME OF STENOGRAPHER
Bahushruta Y. Jambhale
Name of the Judge ( With Court H.H.J. Shri. Purushottam
Room No.)
Jadhav (Court Room No.22)
Date
of
Pronouncement
JUDGMENT/ORDER
of 19/04/2022.

JUDGMENT/ORDER signed by
P.O. on
21/04/2022.

JUDGMENT/ORDER uploaded on
21/04/2022.

Addl. Sessions Judge
B.