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B.A.344/24
MHCC020024612024
IN THE COURT OF SESSION FOR GREATER BOMBAY
CRIMINAL BAIL APPLICATION No.344 OF 2024
Mohammed Najim Mohammed Shabbir Manihar
Age 45 years, Occ : Service,
Residing at : Room No.406,
Azami Nagar, Akash Wani,
Malad (W), Mumbai
… Applicant
– Versus The State of Maharashtra
(At the instance of DCB CID
Unit-VIII Mumbai vide CR. No.01/2024
(Corresponding C.R.No.19/2024,
Azad Maidan Police Station)
… Respondent
Appearance :Advocate Ajay Dubey for the applicant.
APP Iqbal Solkar for the respondent / State
CORAM : RAJESH A. SASNE
ADDITIONAL SESSIONS JUDGE,
COURT ROOM No. 30.
DATED : 23/02/2024
ORDER
This is bail application by the accused u/sec.439 of
Criminal Procedure Code for releasing him on bail in connection with
C.R.No.01/2024
registered
with
DCB
CID,
Unit-VIII,
Mumbai
(Corresponding C.R.No.19/2024, Azad Maidan Police Station ) for the
commission of offences punishable u/sec.406, 420, 465, 467, 468, 471,
120(B), 34 of the Indian Penal Code.

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2.

B.A.344/24
It is alleged by the applicant / accused that he is innocent
and falsely implicated in the present case. The accused is arrested on
07.01.2024. He has undergone custodial interrogation. The applicant /
accused is the only earning member in the family. He has no criminal
antecedent. Therefore, there is no point in keeping accused behind bars.
He is permanent resident of his given address therefore applicant /
accused prayed for releasing him on bail.
3.

The prosecution opposed the application by filing reply
vide Exh.2. It is the contention of the prosecution that if accused is
released on bail it will affect on the collection of evidence. If accused is
released on bail there are chances of flee away from justice. If accused
is released on bail there are chances of threatening of prosecution
witnesses and tampering of prosecution evidence. Hence, prosecution
prayed for rejection of the application.
4.

Read the application, say filed by the prosecution. Heard
the ld. Advocate for the applicant, ld. APP for the respondent / State.
5.

I have gone through the documents on record. It is the case
of the prosecution that the informant Akhtar Sirajuddin Khan was in
search of job at Singapore. The applicant / accused and his associates
induced him by offering job at abroad, accepted the amount from the
informant and thereafter closed down their agency and thereby cheated
the informant and many other persons. Accordingly, the report is lodged
and offence is registered.
6.

The role attributed to the present applicant is that he
represented the agency. He had pasted the advertisement handbills on
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B.A.344/24
the walls to advertise the said agency. The applicant / accused is
arrested on 07.01.2024. He has limited role of pasting the hand bills
about the advertisement of the agency. Nothing is to be recovered from
the present applicant / accused. Investigation related to him appears to
have been completed. Further incarceration of the applicant is
unwarranted, if reasonable conditions are imposed securing presence of
the applicant, he will be entitled for the bail. Hence, I pass the following
order :
ORDER
1.

Criminal Bail Application No.344 of 2024 is allowed.

2.

The Applicant / Accused Mohammed Najim Mohammed Shabbir
Manihar, arrested in C.R.No.01/2024 under Section 406, 420, 465, 467,
468, 471, 120(B), 34 of The Indian Penal Code, registered with DCB
CID, Unit-VIII, Mumbai (Corresponding C.R.No.19/2024, Azad Maidan
Police Station) be released on bail on furnishing P.B. and S.B. of
Rs.25,000/- with one or two sureties.
3.

The applicant / accused shall not tamper with the prosecution
witnesses and evidence in any manner.
4.

The applicant / accused shall regularly attend the concern police
station on every 2nd and 4th Saturday of each month between 11.00 a.m.
to 2.00 p.m. till filing of the charge sheet.
5.

Provisional cash bail in the like amount is allowed. The 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.

The applicant / accused shall not leave India without prior
permission of the Court.

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B.A.344/24
7.

Bail before the concern Magistrate.

8.

Criminal Bail Application No.344 of 2024 is disposed of
accordingly.
Date : 23/02/2024
Dictated on
Transcribe on
Signed by HHJ on
: 23.02.2024
: 26.02.2024
: 28.02.2024
( RAJESH A. SASNE)
Additional Sessions Judge,
Gr. Mumbai.

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B.A.344/24
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
ORDER.”
29/02/2024
5.30 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.)
R.A. SASNE, Court Room No. 30.
Date of Pronouncement of ORDER 23/02/2024
ORDER signed by P.O. on
28/02/2024
ORDER uploaded on
29/02/2024