CNR No.

MHCC02­005915­2022
IN THE COURT OF SESSION FOR GR. BOMBAY AT MUMBAI
BAIL APPLICATION NO.1040 OF 2022
Mobin Hakummuddin Khan
Age – 66 years,
R/o – R.T. Room No.533, Noor Chawl,
Behram Nagar, Bandra (East), Mumbai.

…
Applicant
…
Respondent
Versus
The State of Maharashtra
(At the instance of Police Station,
Nirmal Nagar,
C.R.No.30/2022)
Appearance:
Mr. Ganesh Iyer, Ld. Adv. for applicant
Mrs. Rashmi Tendulkar, Ld. Addl. P.P.
CORAM :
DATE :
HIS HONOUR ADDL.SESSIONS
JUDGE M. G. DESHPANDE
(C.R.No.16)
May 13, 2022
ORDER
1.

This is
second bail application
of
accused
Mobin
Hakummuddin Khan. His first bail application was rejected vide order
dt.22.02.2022 in B.A.No.347/2022. In this application he submitted
that, everything i.e investigation is over.

He has cooperated the
investigation. There are dependents on him and he is bread winner of
his family.

Prosecution vide say (Exh.2) of Investigating Officer
reiterated the facts alleged in the chargesheet and contended to reject
the application on following two grounds,
a. There is possibility of pressurizing prosecution witnesses,
b. There is possibility that the accused will not attend the trial.

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BA No.1040/2022
2.

Heard Ld. Adv. Ganesh Iyer for the applicant and Ld. A.P.P
Mrs. Rashmi Tendulkar. Following points arise for my determination. I
am recording following findings thereon for the reasons discussed
below :­
POINTS
FINDINGS
1.

Whether the applicant­accused has made
out a strong prima­facie case to release him
on bail ?

Yes
2.

What Order ?

Application is
allowed.
REASONS
POINT NO.1.
FACTS INVOLVED IN C.R.NO.30 OF 2022
3.

On 26.01.2022 Room No.533, Noor Ki Chawl, Behram
Nagar, Bandra (E), Mumbai got collapsed. Huge dust was flying and
people beneath debris of the building were shouting for rescue. It is
specifically contended that, the said building was constructed without
taking permission of the Corporation.

There is Ground + 5 storey
structure, which was constructed without permission.

Initially work
was started for repairing and subsequently full five storey were
constructed without permission. However, building got collapsed due
to substandard construction and applicants being owner and the
persons related to illegal construction, are responsible for the same. I
have carefully examined these facts.
4.

Previous bail application was rejected noting that,
investigation is going on and chargesheet has not been filed.
Admittedly, the chargesheet has been filed indicating the investigation
is over. Accused had joined investigation and thereafter remanded to
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BA No.1040/2022
judicial custody.

No one is sure when the case will be committed,
charge will be framed, trial will begin and conclude.

It cannot be
ignored that applicant is bread winner of his family who are dependent
on him. Keeping him behind bars for uncertain period that too when
investigation is over, is not justified. I therefore strongly feel that no
purpose will serve keeping him behind bars for uncertain period.
Whatever objections raised by the prosecution can be safeguarded by
imposing conditions on accused. Therefore, I hold that accused has
made out strong prima­facie case. Hence, Point No.1 is answered in the
affirmative and following order is passed :­
ORDER
1.

Bail Application No.1040/2022 is allowed.

2.

Applicant Mobin Hakummuddin Khan be released on bail
in C.R.No.30/2022 by executing PR bond of Rs.30,000/­
with one or two sureties of like amount and on following
conditions,
i)
The applicant shall attend Nirmal Nagar Police Station
once in a week on every Friday at any time between
08.00 a.m. to 05.00 p.m. and maintain its record for 60
days.

ii)
The applicant shall undertake not to pressurize informant
and prosecution witnesses, and also not to tamper with
the evidence of prosecution.

3.

The applicant is permitted to furnish provisional cash
security of Rs.30,000/­ for a period of two months, with
PR bond as directed above.

4.

Bail before the Ld. Court of First Instance.

Digitally signed
by MADHAV
GOPAL
MADHAV
DESHPANDE
GOPAL
DESHPANDE Date:
2022.05.13
16:31:30
+0530
Dt.: 13.05.2022
Signed on
: 13.05.2022
( M.G. Deshpande )
Addl. Sessions Judge.
C.R.No.16, Gr.Bombay at Mumbai
BA No.1040/2022
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
13.05.2022
at
hours
UPLOAD DATE AND TIME
Name of the Judge
Date
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pronouncement
judgment/order
(KISHOR PRAKASH SHERWADE)
NAME OF STENOGRAPHER
HHJ M. G. DESHPANDE
(COURT ROOM NO.16)
of 13.05.2022
Judgment/order signed by P.O. on
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