MHCC020018512024
IN THE COURT OF SESSIONS FOR GREATER MUMBAI,
AT MAZGAON
CRIMINAL BAIL APPLICATION NO.258 OF 2024
IN
CRIMINAL APPEAL NO.65 OF 2024
Mohammed Habib Mohd. Samsher Alam Siddiqui,
Age : 32 years, Occ. : Business,
Residing at : Room No.19, Third Floor,
Shuklaji Street, Second Galli, Kashmira Bldg.,
Kamathipura, Mumbai ­ 400 008.
…
Applicant/
Org. Accused
Versus
The State of Maharashtra,
(at the instance of Gaondevi police station
C.R. No.483/2022).

…
Respondent/
Org. Complainant
Appearance :
Mr. Shahid Iqbal, Ld. Adv. for applicant.
Mr. Kishor Tadavi, Ld. Addl. P.P. for respondent/State.
CORAM : HIS HONOUR ADDL. SESSIONS JUDGE
K. P. SHRIKHANDE. (C. R. No.87)
DATED : 23rd February, 2024.
ORDER
This
bail
application
is
filed
on
the
background
that
the
appellant/accused No.1 has been convicted by the learned trial Court by
its judgment and order dated 02/01/2024. The appellant/accused No.1
has been convicted for the offence punishable under section 379 of the
Indian Penal Code and sentenced to suffer Simple Imprisonment for
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BA 258/24 in CA 65/24
three months. He is directed to pay a fine of Rs.500/­, and in default of
payment of fine, to suffer Simple Imprisonment for eight days.
2.

The learned A.P.P. has opposed the application by
submitting that the offence is serious and there is possibility of
absconding of the appellant. However, as the appellant was on bail
during the period of trial and as the appellant/accused No.1 has
challenged the legality and propriety of the judgment of conviction and
the sentence imposed by filing the appeal, and considering the same, as
the substantive sentence has been suspended, I am of the view that the
appellant/accused No.1 can be released on bail. In the result, I proceed
to pass the following order :­
ORDER
1.

Criminal Bail Application No.258 of 2024 is allowed.

2.

The appellant/accused No.1 Mohammed Habib Mohd. Samsher
Alam Siddiqui shall be released on bail on executing the P.R.
bond of Rs.20,000/­ with surety in the like amount.

3.

The appellant/accused No.1 to furnish bail before the trial Court
within one month.

4.

Liberty is given to the appellant/accused No.1 to furnish
provisional cash bail for one month.

5.

Criminal Bail Application No.258 of 2024 is disposed of
accordingly.

Date : 23/02/2024.

Typed on
Signed on
( K. P. SHRIKHANDE )
Additional Sessions Judge,
Gr. Mumbai, C.R. No.87 at Mazgaon.

: 04/03/2024.
:
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BA 258/24 in CA 65/24
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE
ORIGINAL SIGNED JUDGMENT/ORDER.”
Upload Date
Upload Time
05/03/2024
3.20 p.m.

Bahushruta Y. Jambhale
Name of Stenographer
Name of the Judge (With C.R. No.)
Date
of
Pronouncement
JUDGEMENT / ORDER
HHJ SHRI K. P. SHRIKHANDE
(COURT ROOM No.87)
of
23/02/2024
JUDGEMENT / ORDER signed by P.O.
on
05/03/2024
JUDGEMENT / ORDER uploaded on
05/03/2024