CNR No.

MHCC02-000520-2022
IN THE COURT OF SESSION FOR GR. BOMBAY AT MUMBAI
BAIL APPLICATION NO.101 OF 2022
Mohd. Husnain Ashfaque Ahmed Kaji,
S/o Ashfaque Ahmed Kaji
Age – 24 year, Occ – Private Job,
R/o – Nursing Home, B-601,
Gul Hasan Complex, 6th floor,
Pipe Road, Kurla (W), Mumbai-70.

…
Applicant
…
Respondent
Versus
The State of Maharashtra
(At the instance of Police Station,
BKC,
C.R.No.377/2021)
Appearance:
Mr. Shaukat Khan, Ld. Adv. for applicant/
Mrs. Rashmi Tendulkar, Ld. Addl. P.P.
CORAM :
DATE :
HIS HONOUR ADDL.SESSIONS
JUDGE M. G. DESHPANDE
(C.R.No.16)
January 17, 2022
ORDER
1.

Applicant Mohd. Husnain Ashfaque Ahmed Kaji, is one of
the accused persons in C.R.No.377/2021 registered with BKC Police
Station under Ss.392,34 of I.P.C.

He is praying for bail, which is
strongly opposed by the prosecution vide say (Exh.2) of Investigating
Officer contending that investigation is in progress. There is possibility
of repetition of crime and other accused are yet to be arrested. With
this, it is contended to reject the application.

.. 2..

BA No.101/2022
2.

Heard Ld. Adv. Mr. Shaukat Khan, for the applicant and
Ld. A.P.P Mrs. Rashmi Tendulkar.
determination.

Following points arise for my
I am recording following findings thereon for the
reasons discussed below :POINTS
FINDINGS
1.

Whether the applicant-accused has made
out a strong prima-facie case to release him
on bail ?

No
2.

What Order ?

Application stands
rejected.
REASONS
POINT NO.1.
FACTS INVOLVED IN C.R.No.377 OF 2021
3.

One Dinanath Rampawan Rajvanshi lodged report alleging
that, on 23.12.2021 at 01.00 hours in the night he was taking walk after
dinner on footpath of Kalanagar-Kurla Road. He was carrying mobile in
his pant pocket. Around 1.15 hours two persons came on Suzuki Access
motorcycle. One of them alighted and came towards him. He forcibly
put his hand in the pant pocket of the informant and fetched his mobile.
At that time his associate, who was on motorcycle, stated him “tYnh dj
Hkkx”. Informant shouted as “pksj pksj”. Therefore, some auto rickshaw
drivers and motorcyclists gathered there and apprehended the said
person. Thereafter, he was brought to the police station. These are the
facts.
4.

Accused was arrested on 23.12.2021 when caught red
handed and apprehended by the people, who gathered on the spot. His
first application dt.07.01.2022 filed before the Learned Metropolitan
.. 3..

BA No.101/2022
Magistrate was rejected specifically on the ground that Investigation is
in progress. There is no change in circumstance to file this application.
It has to be noted that in Mumbai city incidents like mobile/ornaments
snatching are repeatedly happening and the life of peace loving people
is in danger. Investigation is in progress. In my opinion, even if the
applicant was apprehended and mobile phone was recovered, yet the
investigation regarding his associate is necessary.

If bail is granted
accused is likely to flee and repeat the same incident, as observed by the
Ld. Metropolitan Magistrate. Therefore, I hold that there is no strong
prima-facie case made out by the applicant nor any change in
circumstance to release him on bail. Hence, Point No.1 is answered in
the negative and following order is passed :ORDER
Bail Application No.101 of 2022 stands rejected.
MADHAV
GOPAL
DESHPANDE
Dt.: 17.01.2022
Signed on
Digitally signed
by MADHAV
GOPAL
DESHPANDE
Date:
2022.01.20
13:26:09 +0530
( M.G. Deshpande )
Addl. Sessions Judge.
C.R.No.16, Gr.Bombay at Mumbai
: 17.01.2022
.. 4..

BA No.101/2022
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
20.01.2022 at
hours
UPLOAD DATE AND TIME
Name of the Judge
Date
of
judgment/order
pronouncement
(KISHOR PRAKASH SHERWADE)
NAME OF STENOGRAPHER
HHJ M. G. DESHPANDE
(COURT ROOM NO.16)
of 17.01.2022
Judgment/order signed by P.O. on
17.01.2022
Judgment/order uploaded on
20.01.2022