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BA 1052/22
MHCC020059672022
IN THE COURT OF SESSIONS FOR GREATER BOMBAY
BAIL APPLICATION No. 1052 OF 2022
Mr. Mohammad Murtuja Dawood Shaikh
Aged 30 years, Occ :
Residing at Ground Floor of 2 – Storey
Chawl, Near Khaja Bhai Building,
Samrat Nagar, Opp. Mumbra Police Station,
Mumbra, Thane
…
The State of Maharashtra
(Through Kurla Railway
Police Station
Vide CR.No.364/22)
Applicant / Accused
Versus
…
Respondent
Appearance :
Mr. Vijay Agale, Advocate for applicant.
Mr. Abhijeet Gondwal, A.P.P. for respondent.
CORAM : SHRI. S.D. KULKARNI,
ADDITIONAL SESSIONS JUDGE,
COURT ROOM No. 30.
Incharge of C.R.No.37
DATED : 27/06/2022.
ORDER
1.
This is an application filed by the accused u/sec.439 of
Criminal Procedure Code for releasing him on bail.
2.
The applicant / accused are prosecuted in CR.No.364/22
registered at Kurla Railway Police Station for the commission offence
punishable u/sec.392 of The Indian Penal Code.
3.
Perused Bail Application, say filed by the prosecution.
Heard both the advocates at length.
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4.
BA 1052/22
It is the case of the applicant / accused that applicant /
accused is falsely implicated in this crime. This applicant / accused was
not caught red handed by commission of offence. There is no progress
in the investigation therefore, custodial interrogation of the applicant /
accused is not at all required.
5.
The prosecution alleges that the investigation officer has
arrested applicant / accused and during in search of his person of
informant seized stolen articles. So, if applicant / accused is release on
bail similar type of offence will be repeated by the applicant / accused.
If the applicant / accused release on bail there is possibility of
threatening to the witnesses. Hence, prayed for rejection of the
application.
6.
Perused FIR, therein it is mentioned that informant at the
relevant time was traveling from Mumbra to chinchpokli at that time
the person, whose description is mentioned in the report has snatch
golden chain from the neck of the informant and ran away from the
platform. Informant immediately convey message to the police and
immediately police has caught the applicant / accused so the stolen
articles are already seized. Panchanama was prepared and say of the
prosecution shows that statements of the important witnesses were
recorded so custodial interrogation of the applicant / accused is not
necessary. Majority part of the investigation was already over therefore,
I am of the opinion that applicant / accused is entitled for release on
bail as prayed. Considering this I pass the following order :
ORDER
1]
Bail Application 1052 of 2022 is allowed.
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2]
BA 1052/22
Applicant / Accused Mohammad Murtuja Dawood Shaikh
arrested in CR.No.364/2022 under Section 392 of The Indian Penal
Code, registered at Kurla Railway Police Station be released on P.B. and
S.B. of Rs. 30,000/ with one or two surety/s or cash bail of
Rs.30,000/.
3]
The applicant / accused shall not tamper with the prosecution
witnesses and evidence in any manner.
4]
The applicant / accused shall not leave India without prior
permission of the Court.
5]
Provisional cash bail of Rs.30,000/ each in the like amount is
allowed. The applicant / accused shall furnish surety within 4 weeks
from the date of release from jail failing which the cash bail shall stand
forfeited without any separate order to that effect.
6]
Bail before the learned committing Court.
SANTOSH
DIGAMBAR
KULKARNI
Date : 27/06/2022.
Digitally signed
by SANTOSH
DIGAMBAR
KULKARNI
Date:
2022.07.02
17:13:22
+0530
( S.D. Kulkarni )
Additional Sessions Judge,
Gr. Mumbai.
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BA 1052/22
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED ORDER.”
02/07/2022
5.00 p.m.
UPLOAD DATE
TIME
J.S. Chavan
NAME OF STENOGRAPHER
Name of the Judge (With Court H. H. Additional Sessions Judge Shri.
Room No.)
S.D. KULKARNI,
Court Room No. 30.
Incharge of CR.No.37
Date of Pronouncement of ORDER 27/06/2022
ORDER signed by P.O. on
01/07/2022
ORDER uploaded on
02/07/2022