MHCC020047002022
IN THE SESSIONS COURT FOR GREATER MUMBAI
AT MUMBAI
CRIMINAL BAIL APPLICATION NO.838 OF 2022
(CRIME NO.326 OF 2021, SHAHU NAGAR POLICE STATION)
CNR No.MHCC02-004700-2022
Mohammed Fardeen Mohammed
]
Mustaqim Hashmi,
]
Age : 22 years, Occ. : Service,
]
Having address Room No.100, Koyala Galli,]
Behrampada, Bandra East, Mumbai.
]
… Applicant
Vs.
The State of Maharashtra,
At the instance of Shahu Nagar police
station, Mumbai.

]
]
]
… Respondent
Appearances :Mr. A. K. Pathan, 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
-2-
2.

BA 838/22
Crime No.326 of 2021 is registered with Shahu Nagar
police station for offence punishable under Sections 406 r/w. 34 of the
Indian Penal Code. The first informant Sanjay Janu Pawar is working
with Primemover 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 the
applicant. On 27/08/2021, at about 17.30 hours, his Delivery Executive
Rajaram Shinde made call to the applicant, 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 the applicant committed breach of trust in respect of the
car entrusted with him.
3.

Learned Advocate for the applicant submitted that though,
the car was taken on rent by the applicant, it was given by him to his
friend. He further submitted that at the time of taking car on rent, the
applicant submitted his Aadhar Card and driving licence and it shows
that there was no malafide intention of the applicant. He further
submitted that it is his friend, who committed the crime and the
applicant had no criminal intent. He also submitted that the applicant
also paid the amount. So far as these submissions are concerned, they
are in the nature of defence and that too, without supporting material.
4.

According to the Investigating Officer, it is revealed in the
investigation that all the accused conspired to misappropriate the car.
Addl. Sessions Judge
-3-
BA 838/22
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.838 of 2022 is rejected and disposed of accordingly.
Digitally signed
by
PURUSHOTTAM
BHAURAO
JADHAV
Date:
2022.04.20
16:45:52 +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 838/22
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
UPLOAD DATE AND TIME
20/04/2022 at 4.50 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
20/04/2022.

JUDGMENT/ORDER uploaded on
20/04/2022.

Addl. Sessions Judge
B.