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IN THE COURT OF SESSIONS FOR GREATER MUMBAI AT MUMBAI
CRIMINAL BAIL APPLICATION NO.1658 OF 2022
CNR NO. MHCC02­009036­2022
Mohd. Bashir Asir Khan
Age: 30 years, Occ.: Service,
R/at: Behind BEST Depot, Room No.12,
Savera CHS, Transit Camp, Nehru Nagar,
Kurla (E), Mumbai – 400 024.

…Applicant/Accused
Vs.
The State of Maharashtra
(At the instance of RPF Kurla Police Station)
…Respondent/State
Appearances :­
Ms. Sana Shaikh, Ld. Advocate for the applicant/accused.
Ms. Jyotsana Gawali, Ld. APP for the Respondent/State.
CORAM : H. H. THE ADDL. SESSIONS JUDGE,
SHRI A.A. KULKARNI (C.R. NO.24)
DATED : 7TH JULY, 2022
(ORAL ORDER)
(Dictated and pronounced in the open Court)
This is an application for bail under Section 439 of Cr. P.C.
Heard Ld. Advocate for the applicant and Ld. APP for the State. Perused
documents on record.
2.

The Ld. Advocate for applicant submitted that applicant is
arrested by police in connection with offence registered by RPF Kurla
police station, Mumbai, having No.685/2022 for the offence punishable
under Section 143 of Railway Act. The Ld. Advocate for applicant
submitted that offence under Section 143 of Railway Act is bailable
offence, then also Ld. Metropolitan Magistrate, 35 th Court, CSMT,
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Mumbai rejected application. Hence, by way of this application,
applicant prayed for grant of bail. In support of her contention that
offence under Section 143 of Railway Act is bailable offence, she relied
on judgment of the Hon’ble High Court of Chattisgarh in case of
Aditya Singh V. Union of India in MCRC No.4646 of 2017, the
Hon’ble High Court of Chattisgarh, decided on 18.08.2017 and
judgment of the Hon’ble Delhi High Court in case of Munna Kumar
V. State Through N.C.T. of Delhi and requested to release applicant on
bail.
3.

Investigating Officer and Ld. APP filed say Exh.2 and
opposed the application on the ground that applicant is habitual
offender. Similar type of cases are pending against him. Hence, prayed
for rejection of the application.
4.

In view of Section 437 of Cr. P.C., bail is right of offender
when he is arrested in case of bailable offence. In view of Schedule 2 of
Cr. P.C. punishment of imprisonment is less than three years or fine,
offence comes under the category of bailable offence. In present case,
for the offence punishable under Section 143 of Railway Act,
punishment is prescribed upto three years or fine or both. Therefore, I
am of the opinion that in such circumstances, bail is right of applicant.
Therefore, applicant is required to be released on bail. Hence, I passed
the following order :­
ORDER
1.

Criminal Bail Application No. 1658 of 2022 is allowed.

2.

Applicant/accused Mohd. Bashir Asir Khan be released on bail on
his furnishing P.R. Bond of Rs.10,000/­ along with one surety of
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like amount in connection with C.R. No.685/2022 registered with
RPF Kurla Police Station.
3.

The applicant/accused shall attend RPF Kurla Police Station on
written notice by Investigator.

4.

Applicant/accused shall furnish his residential address proof and
contact numbers to Investigating Officer.

5.

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.

6.

Applicant/accused shall not leave India without previous
permission of the Court.

7.

Bail before Ld. Court below.

8.

Criminal Bail Application No.1658 of 2022 stands disposed of
accordingly.

Date : 07.07.2022
Dictated on
: 07.07.2022
Transcribed on : 07.07.2022
HHJ signed on : 07.07.2022
[A.A. KULKARNI]
ADDITIONAL SESSIONS JUDGE
GREATER MUMBAI
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE
ORIGINAL SIGNED JUDGMENT/ORDER.”
Upload Date
08.07.2022
Upload Time
4.30 p.m.

Name of Stenographer
PRAJWALA V. PHODKAR
Name of the Judge (With HHJ SHRI. A.A. KULKARNI (CR 24)
Court Room No.)
Date of Pronouncement
JUDGMENT /ORDER
of 07.07.2022
JUDGMENT /ORDER signed by 07.07.2022
P.O. on
JUDGMENT /ORDER uploaded 08.07.2022
on