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IN THE COURT OF SESSIONS FOR GREATER MUMBAI AT MUMBAI
CRIMINAL BAIL APPLICATION NO.748 OF 2022
CNR NO. MHCC02­004272­2022
Mohammad Karim Akbarali
Age: 19 years, Occ.: Student.
R/at : Behind Aalishan Hotel,
Bharat Nagar, Bandra (East)
Mumbai ­ 400 051.

…Applicant
Vs.
The State of Maharashtra
(At the instance of Bhoiwada Pol. Stn.)

…Respondent/State
Appearances :­
Mr. Tanveer Farooqui, Ld. Advocate for the Applicant/Accused.
Ms. Ratnavali Patil, Ld. APP for the Respondent/State.
CORAM : H. H. THE ADDL. SESSIONS JUDGE,
SHRI A.A. KULKARNI (C.R. NO.24)
DATED : 22ND JUNE, 2022
(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.
2.

The Ld. Advocate for the applicant submitted that name of
applicant is not appearing in FIR. Applicant is in judicial custody since
29.07.2021. There is no sufficient evidence against applicant.
Investigation is completed and charge­sheet is filed in this case. Trial
will take its own time. Serious offence alleged against the accused is of
Section 420 of IPC having maximum punishment of seven years.

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Therefore, it is submitted that further detention of applicant is not
warranted and prayed for grant of bail.
3.

Ld. APP filed say vide Exh.2 and opposed the application
on the ground that there is sufficient evidence on record against
applicant. If the applicant is released on bail, there is possibility of
tampering of production witnesses. Hence, prayed for rejection of the
application.
4.

In view of submissions from both the sides and taking into
consideration role of applicant, applicant claimed that he is student of
B.S.C. Nursing and on instructions of Mahendra Singh he participated
in the alleged vaccination drive. In the commission of offence he has not
played any active role. In view of submissions and allegations in FIR, it
is informant’s case that he paid Rs.2,44,800/­ to Shrikant Mane and
Sima Ahuja for the purpose of vaccination. Applicant appears to be one
of the member of staff to vaccinate people. Therefore, except this, there
is no role of applicant in alleged crime. Applicant has not mis­
represented himself for receiving amount from the informant.
Therefore, on such submissions and record it cannot be said that
applicant cheated informant and other persons by vaccinating.
Therefore, in such circumstances, I am of the opinion that further
detention of applicant is not necessary. Therefore, accused may be
released on bail by imposing conditions to protect interest of the
prosecution. Hence, I passed the following order :­
ORDER
1.

Criminal Bail Application No. 748 of 2022 is allowed.

2.

Applicant/accused Mohammad Karim Akbarali be released on
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bail on furnishing P.R. Bond of Rs.1,00,000/­ alongwith one or
more
sureties
of
like
amount
in
connection
with
C.R.

No.312/2021 registered with Bhoiwada Police Station.
3.

Applicant/accused shall attend Bhoiwada police station on notice
by Investigating Officer.

4.

Applicant/accused shall furnish his residential address proof and
contact numbers to Investigating Officer.

5.

The applicant/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.

6.

Applicant/accused shall not leave India without the previous
permission of the Court.

7.

Bail before Ld. Court below.

8.

Criminal Bail Application No.748 of 2022 stands disposed of
accordingly.

Date : 22.06.2022
Dictated on
: 22.06.2022
Transcribed on : 22.06.2022
HHJ signed on : 22.06.2022
[A.A. KULKARNI]
ADDITIONAL SESSIONS JUDGE
GREATER MUMBAI
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE
ORIGINAL SIGNED JUDGMENT/ORDER.”
Upload Date
24.06.2022
Upload Time
4.30 p.m.

Name of Stenographer
PRAJWALA V. PHODKAR
Name of the Judge (With HHJ SHRI. A.A. KULKARNI (CR 24)
Court Room No.)
Date of Pronouncement
JUDGMENT /ORDER
of 22.06.2022
JUDGMENT /ORDER signed by 22.06.2022
P.O. on
JUDGMENT /ORDER uploaded 24.06.2022
on