BA 785/22
1
ORDER
IN THE COURT OF SESSIONS FOR GREATER BOMBAY
AT MUMBAI
CRIMINAL BAIL APPLICATION NO.785 OF 2022
( CNR NO.: MHCC020044322022 )
1. Monu Gorelal Shaikh,
Age: 28 Yrs, Occ: Nil,
R/at. Galli No.3, Kumbharwada,
Dharavi, Mumbai400 017.
2. Mohammad Rafit Abdul
Rahim Khatri @ Golu,
Age: 37 Yrs, Occ: Driver,
R/at. Room No.601, AWing,
Building No.19, Hiranandani,
Lallubhai Compound,
Mankhurd (W), Mumbai.
…Applicant/Accused
V/s.
The State of Maharashtra,
( At the instance of Pant Nagar
Police Station vide C.R.No.86/2022)
…Respondent/State.
Appearance:
Shri. Jadhavar, Advocate for the applicant/Accused.
Shri. Patil, APP for the State/respondent.
CORAM :
DATE
H.H. THE ADDL. SESSIONS JUDGE
DR. U. J. MORE (C.R.58)
: 18/04/2022
ORDER
1.
Vide present application under Section 439 of Code of
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ORDER
Criminal Procedure, the applicant requested to release him on bail in
Crime No. 86 of 2022 registered at Pant Nagar Police Station for
offences punishable under Sections 395, 411 r/w. Section 34 of Indian
Penal Code read with Sections 4, 27 of Indian Arms Act read with
Sections 37(1), 135 of Mumbai Police Act.
2.
The prosecution case, in brief, is that on 16/02/2022, at
about 4.00 am, 10 to 12 unknown persons came to the worksite of the
informant. They by showing swords robbed three security guards,
security supervisor, assaulted them and by tying them by a rope forcibly
carried 200 plates of aluminum shuttering worth Rs.7 lakhs in the
truck/vehicle. In course of investigation, it was transpired that the
applicant is one of the dacoits.
3.
The Ld. Advocate on behalf of the applicant argued that
there is no material against the applicant. The applicant is ready to co
operate the investigation. Therefore, he requested to allow the bail
application.
4.
On the other hand, the Ld. APP for the State argued that
there is material against the applicant. Investigation is in progress. The
act has been a preplanned Act. Therefore, she requested to reject the
bail application.
5.
It may be noted here that the property robbed has been
already recovered. Police custody period of the applicant is already
over. No propriety to detain the applicant behind the bar, better to
direct him to attend the concerned police station and to cooperate the
investigation. Considering all these circumstances, it is just and proper
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to allow the application subject to conditions. Hence, the order as
follows is passed :
:ORDER:
1. The Bail Application No.785 of 2022 is allowed as under.
2. The applicants accused namely Monu Gorelal Shaikh and
Mohammad Rafit Abdul Rahim Khatri @ Golu be released on bail on
each executing personal bond of Rs.25,000/ and one or two solvent
sureties of the same amount in Crime No. 86 of 2022 registered at Pant
Nagar Police Station.
3.
Cash security of Rs.25,000/ is permitted provisionally to each of
the applicant for the period of 1 month in lieu of the surety bond.
4
The applicants accused shall attend the Pant Nagar Police Station
on every Monday in between 10.00 am to 12.00 pm till filing of the
chargesheet.
5.
The applicants accused shall submit a list of atleast 3 blood
relatives with their detailed residential addresses and also the addresses
of their place of work if any, and documentary proof of showing the
correctness of the details provided by them.
6.
The applicants accused and the surety shall inform the police
authorities as well as the trial court, the change of their residential
address while the accused is on bail.
7.
The applicants accused shall submit copies of at least 2
documents amongst the Pan Card, Adhar card, Ration card, Electricity
Bill, Voter ID card issued by the election commission or the documents
in respect of immovable properties owned by him.
8.
After submission of the documents as mentioned above, the
Investigating Officer shall conduct physical verification of the residential
address so as to confirm the address appearing on those documents.
9.
The applicants accused shall not make any inducement or threat
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ORDER
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 or
tamper with the evidence.
10.
The applicants accused shall not leave territorial limits of Mumbai
without prior permission of the court.
11.
Conditions No. 5 to 8 shall be complied with simultaneous to the
furnishing of the cash security or the surety bond whichever is earlier.
12.
Bail before the Court of Metropolitan Magistrate.
(U.J.MORE)
Addl. Session Judge
Sessions Court,
Mumbai. C.R. 58
Dictated on
Transcribed on
Date of sign
: 18.04.2022
: 18.04.2022
: 18.04.2022
BA 785/22
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ORDER
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER”
18.04.2022, 05.30pm
UPLOAD DATE AND TIME
Mrs. Revati V. Kadam
NAME OF STENOGRAPHER
Name of the Judge (with Court Room
No.)
HHJ Deepak L. Bhagwat,(C.R.No.60)
Addl. Judge.,City Civil & Sessions Court,
Date of pronouncement of /Order
18.04.2022
Order signed by P.O. on
18.04.2022
order uploaded on
18.04.2022