1
Cri.BA No.853/2024
MHCC020054452024
IN THE COURT OF CITY CIVIL AND SESSIONS AT GRATER BOMBAY
(COURT ROOM NO.23)
(Presided over by Shri N. P. Tribhuwan, Additional Sessions Judge)
CRIMINAL BAIL APPLICATION NO.853 OF 2024
Applicant :
Mustaqeem Salauddin Ansari
Age : 20 years, Occ : :Labour, R/o : Jhopdi
Uss Galli, Sayed Mukri Street, Kathawala
Company, Masjid Bunder, Mumbai
VERSUS
Respondent :
The State of Maharashtra
Through L. T. Marg Police Station
Mr. Kamlesh M. Singh, learned Advocate for Accused.
Mrs. Ranjana Budhwant, learned APP for the State.
ORDER
(Delivered on 04/04/2024)
This is an application under Section 439 of Cr.P.C. for
releasing applicant/accused Mustaqeem Salauddin Ansari on bail in
Crime No.111/2024 for the offence punishable under Section 392 r/w
34 of Indian Penal Code, Section 4, 25 of Arms Act and Section 37/135
of Maharashtra Police Act, registered with L. T. Marg Police Station,
Mumbai.
2.
Heard learned Counsel for accused and learned APP for the
State. Perused Bail Application, say/reply and documents.
2
3.
Cri.BA No.853/2024
It is case of prosecution that informant Samood Dayem
Mallik is working as a Delivery Boy in the gold ornaments factory of
Rahim Mandal. As usual on 05.02.2024, at about 5.30 p.m. he was
going towards Opera House, Panchratna Mumbai for delivering two
gold bangles of 74 gm having diamonds worth of Rs.9,00,000/-. At
about 6.00 p.m. when informant reached at Dagina Bazaar, Mumbai,
three persons intentionally given him dash and raised quarrel. They
abused and threatened informant. They started snatching the bag of
informant by showing knife and therefore, he shouted. Hence, people
gathered. However, one accused has threatened the people by showing
knife. Therefore, people ran away. The accused who was having the
knife in his hand has snatched the sack-bag of informant and ran away.
Thereafter, informant has taken search of the accused in Zaveri Bazaar
area till 8.00 p.m. and thereafter, went to the house. In the morning at
about 11.00 hours his employer Mr. Rahim Mandal asked about the
delivery of gold bangles and at that time, informant has told him about
the incident. Thereafter, informant has lodged report/complaint.
4.
Learned counsel for applicant argued that prosecution has
falsely involved the applicant in this case on suspicion. There is delay in
lodging FIR. If such serious incident had taken place, certainly
informant would go to the police station immediately and lodged
report. Therefore, there is no prima-facie case against accused. The
applicant is labourer and he is only earning member in his family. He is
in judicial custody from more than one month and the filing of chargesheet will take more time. Further he argued that offence leveled
against accused is not punishable with life or death. He has no criminal
antecedent. Co-accused Hussain Yasin Shaikh released on bail as per
order dated 28.03.2024 passed by this court in Criminal B.A.
3
Cri.BA No.853/2024
No.772/2024. Therefore, accused is entitled to release on bail on the
ground of parity.
5.
As per reply (Exh.3) filed by prosecution, it seems that
during investigation, Investigating Officer has arrested accused (1)
Mustaqeem Salauddin Ansari i.e. present applicant and (2) Hussain
Yaseen Shaikh on 08.02.2024 and sought their police custody till
14.02.2024. Accused No.1 Mustqeem has given disclosure statement
u/Sec.27 of the Evidence Act. Accordingly, in pursuance of the
disclosure statement, Investigating Officer has recovered two gold
bangles of 74 gm having diamonds and weapon knife. As the accused
no.3 Joy Harisan Joseph was in jail in another crime no.251/2024, the
Investigating Officer has taken him in custody from Arthur road jail on
22.04.2024. As per prosecution, accused Nos.1 to 3 in furtherance of
their common intention committed the aforesaid robbery punishable
u/Sec.392 of Indian Penal Code.
6.
Taking into consideration the above facts, it seems that the
accused is in jail from 14.02.2024. The investigating officer has
recovered the robbery articles and weapon. Prosecution has not
produced any details to show that accused is habitual offender. It seems
that most of the investigation is completed. In view of above facts,
nature of offence and the punishment provided for the same; it is
desirable to release accused/applicant on bail. Hence, I pass following
order.
ORDER
1.
Criminal Bail Application No.853 of 2024 is allowed as
under:-
4
Cri.BA No.853/2024
2. Applicant/accused Mustaqeem Salauddin Ansari be released
on bail in Crime No.111/2024 for the offences punishable under
Section 392 r/w 34 of Indian Penal Code, u/Sec.4, 25 of Arms Act
and Section 37 r/w 135 of Maharashtra Police Act, registered
with L.T. Marg Police Station, Mumbai; subject to conditions :
i) Applicant/accused shall execute a Personal Bond for a sum of
Rs.25,000/- with one or more sureties in the like amount.
ii) Applicant shall not tamper with any of the prosecution
witnesses, directly or indirectly.
iii) Applicant shall co-operate with the investigation and make
himself available for interrogation whenever required.
iv) Applicant shall remain present at the concerned Police Station
on every alternate Thursday between 10.00 a.m. to 1.00 p.m. for
a period of 3 months or till filing of charge-sheet whichever is
earlier.
v) Applicant shall not misuse his liberty.
vi) Applicant shall furnish his detail address and mobile number
to the investigation officer and the concerned court. In case
applicant change his residence/address and mobile number, he
shall furnish the same to the I.O and concerned court.
3. Bail before the learned trial court.
4. Inform to the learned trial court.
Date : 04.04.2024.
(N.P. Tribhuwan)
Additional Sessions Judge,
C.R.No. 23, Gr. Mumbai.
5
Cri.BA No.853/2024
Direct dictated on : 04.04.2024
Checked on
: 04.04.2024
Signed on
: 04.04.2024
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
04.04.2024 at 5.25 p.m.
UPLOAD DATE AND TIME
Mrs. V. D. Raut
NAME OF TYPIST
Name of the Judge (With Court Room HHJ SHRI N. P. TRIBHUWAN
No.)
(C.R.No.23)
Date of Pronouncement of JUDGMENT 04.04.2024
/ ORDER
JUDGMENT/ORDER signed by P.O. on 04.04.2024
JUDGMENT/ORDER uploaded on
04.04.2024