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IN THE COURT OF SESSIONS FOR GREATER MUMBAI AT MUMBAI
CRIMINAL BAIL APPLICATION NO.957 OF 2022
CNR NO. MHCC020053742022
Mohd. Arbaz Kayyum Khan @ Barf @ Mari
Age : 20 years, Occ : Service,
R/at : Motilal, Nehrunagar Phatak,
Beside Paan Shop, Kokari Agar,
Antop Hill, Mumbai – 37.
Vs.
The State of Maharashtra
(At the instance of Antop Hill Pol. Stn.)
]
]
]
]
]…Applicant/Accused
]
]…Respondent/State
Appearances :
Ms. Priti Tiwari, Ld. Advocate for the Applicant/Accused.
Ms. Ratnavali Patil, Ld. APP for the Respondent/State.
CORAM : H. H. THE ADDL. SESSIONS JUDGE,
SHRI B.V. WAGH
(C.R. NO.24)
TH
DATED : 29 APRIL, 2022.
(ORAL ORDER)
Dictated and pronounced in the open Court)
The applicant seek his release on bail under Section 439 of
Cr. P.C. in connection with C.R. No.32/2022 registered with Antop Hill
Police Station for the offences punishable under Sections 399, 402 of
the Indian Penal Code r/w 4, 25 of Indian Arms Act r/w 37(1)(A), 135
of Maharashtra Police Act.
2.
Aforesaid crime is registered on the basis of report dated
25.02.2022 lodged by API Dhananjay Joshi, alleging therein that he
received a secret tipoff that some persons are making preparation to
commit dacoity at Pramanik Jewellers at Antop Hill. Accordingly, he
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intimated his superior and trap was laid, wherein three persons were
apprehended near the spot and two were flee away. On their personal
search objectionable articles were found which are alleged to be carried
by them for committing dacoity. Accordingly, they were arrested. On
the basis of aforesaid incident, abovesaid crime is registered.
3.
The Ld. Advocate for the applicant urged that applicant is
innocent and falsely framed in given case. According to her,
investigation is considerably progressed. One sword and mobile are
recovered from the applicant. She further urged that applicant is young
boy of 20 years. He is only earning member of the family and requested
to enlarge him on bail.
4.
Ld. A.P.P. resisted the application by filing say vide Exh.2
and inter alia contended that applicant and coaccused conjointly came
together and made preparation to commit dacoity. On search of the
applicant, one sword and phone is recovered. The applicant has
criminal antecedent and if he is released on bail, he may indulge in
similar activities. Lastly, it is requested to reject the bail application.
5.
Heard the arguments advanced by both the sides and
perused the record.
6.
On going through the record of the case, prima facie it
appears that applicant and coaccused were found in the odd hours and
they have made preparation to commit dacoity. Accordingly, there is
recovery against applicant and coaccused. Thus, prosecution has
collected sufficient prima facie evidence for trial. The applicant is of
young age boy and he is behind bar since 25.02.2022. The investigation
is considerably progressed and further detention of the applicant is
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unwarranted. Though applicant is having criminal antecedents of
similar nature of crime, that cannot be a sole ground to refuse the bail.
Considering the high pendency of undertrial prisoners, the trial of the
applicant in the present crime would not complete in near future.
Eventually, the applicant is released on bail. Ergo, the following order :
ORDER
1.
Criminal Bail Application No.957 of 2022 is allowed.
2.
Applicant/accused Mohd. Arbaz Kayyum Khan @ Barf @ Mari be
released on bail on furnishing P.R. Bond of Rs.15,000/ along
with surety of like amount in connection with C.R. No.32/2022
registered with Antop Hill Police Station for the offences
punishable under Sections 399, 402 of the Indian Penal Code r/w
4, 25 of Indian Arms Act r/w 37(1)(A), 135 of Maharashtra
Police Act.
3.
Applicant/accused shall furnish his residential address proof and
contact numbers to Investigating Officer.
4.
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.
5.
Applicant/accused shall not leave India without previous
permission of the Court.
6.
Bail before Ld. Court below.
7.
Criminal Bail Application No.957 of 2022 stands disposed of
accordingly.
Date : 29.04.2022
[B.V. WAGH]
ADDITIONAL SESSIONS JUDGE
GREATER MUMBAI
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Dictated on
: 29.04.2022
Transcribed on : 29.04.2022
HHJ signed on : 29.04.2022
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE
ORIGINAL SIGNED JUDGMENT/ORDER.”
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PRAJWALA V. PHODKAR
Name of the Judge (With Court HHJ SHRI. B.V. WAGH (CR 24)
Room No.)
Date
of
Pronouncement
JUDGMENT /ORDER
of 29.04.2022
JUDGMENT /ORDER signed by P.O. 29.04.2022
on
JUDGMENT /ORDER uploaded on
29.04.2022