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MHCC020062582024
IN THE COURT OF SESSIONS FOR GREATER MUMBAI AT MUMBAI
CRIMINAL BAIL APPLICATION NO. 1005 OF 2024
Mohd. Irfan Abdul Rahim Shaikh
Age : 22 years, Occ.: Student
R/at : Plot No. 39/N/19, Road No. 6,
Near Usman Gani Masjid,
Shivaji Nagar, Govandi,
Mumbai.

…Applicant/accused
Vs.
The State of Maharashtra
(Through Shivaji Nagar
Police Station, Mumbai)
…Respondent
Appearance :Mr. S. M. Shoaib, Ld. Advocate for the Applicant.
Mr. J. N. Suryawanshi, Ld. APP for the Respondent/State.
CORAM : H. H. THE ADDL. SESSIONS JUDGE,
SHRI A. A. KULKARNI (C.R. NO.22)
DATED : 20th April, 2024
(ORAL ORDER)
(Dictated and pronounced in the open Court)
This is an application under Section 439 of Cr. P.C. Heard
Ld. Advocate for applicant and Ld. APP for the State. Perused the
application, say and documents on record.
2.

The Ld. Advocate for applicant submitted that applicant is
arrested by Shivaji Nagar police in connection with C.R. No.300/2024
for the offence punishable under Sections 420, 465, 466, 468, 471 of
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IPC against applicant. It is contention of accused that he is falsely
implicated in this case. Applicant is pursuing his technical education in
Automobile Engineering in Agnel Polytechnic, Vashi, Navi Mumbai and
required to appear for his AKT examination to be held in next month.
Applicant has no criminal antecedents. He is permanent resident of
Mumbai. Hence, he prayed for bail.
3.

Ld. APP and investigating officer opposed application. It is
their contention that applicant in collusion with other accused prepared
forged documents for obtaining passport and committed forgery and
thereby cheated Passport Office. Investigation of case is at preliminary
stage. Hence, prayed for rejection of application.
4.

In view of submissions from both sides and as per
allegation in FIR, information of informant is a police personal and
working in passport branch. According to him there branch received
directions from the passport office, it was directed that if birth or death
certificate is produce then QR code on the said certificate shall be
scanned. If it is is not opened in the link then it should be treated as
duplicate and it should be verified from the issuing office and if found
bogus or duplicate then necessary action be taken. Accordingly, the
present applicant accused produced the birth certificate which was
allegedly issued by Sita Madhi, State Bihar. Then, informant verified the
said birth certificate from the issuing office. The said issuing office in
writing informed that the same is not issued by their office.

Present
applicant is implicated in the case on the basis of his statement of
authority who issued Birth Certificate. Alleged offence is based on
documents, same are in possession of police. For the purpose of further
investigation custodial interrogation of applicant is not required.

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Applicant may be directed to appear before investigating officer for
securing his presence during investigation. In view of above
circumstance, applicant is entitled to be released on bail. Hence, I pass
following order :ORDER
1.

Criminal Bail Application No. 1005 of 2024 is allowed.

2.

Applicant/accused Mohd. Irfan Abdul Rahim Shaikh be released
on bail on furnishing P.R. Bond of Rs.25,000/- along with one or
more sureties in the like amount in connection with C.R.
No.300/2024 registered with Shivaji Nagar police station.

3.

Applicant/accused shall attend Shivaji Nagar Police Station,
Mumbai, as and when required by Investigating Officer on notice.

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 learned Court below.

8.

Criminal Bail Application No.1005 of 2024 stands disposed of
Digitally
signed by
AJAY ANIL
KULKARNI
Date:
2024.04.23
14:53:37
+0530
accordingly
Date : 20.04.2024
Directly typed on computer on
HHJ signed on
(A. A. Kulkarni)
Additional Sessions Judge,
Sessions Court,
Gr. Bombay (C.R.No.22)
: 20.04.2024
: 22.04.2024
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SIGNED JUDGMENT/ORDER.”
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