BA 443/2024
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MHCC020030062024
IN THE COURT OF SESSIONS FOR GREATER BOMBAY
AT BOMBAY
CRIMINAL BAIL APPLICATION NO.443 OF 2024
IN
C.R.NO.283 OF 2023
1) Nisar Mohammed Mustaqali Khan
Aged 30 years, Occupation : Driver,
Residing at New Gautam Nagar, Plot No.4,
Zakir Hussain Compound, Bhimwadi,
Govandi, Mumbai – 400 043
2) Zeeshan Nasar Siddiqui
Aged 21 years, Occupation : Self Employed,
Residing at Near Habibiya Masjid,
New Gautam Nagar, Plot No.4,
Bhimwadi Road, Govandi,
Mumbai – 400 043
3) Asraf Ali Asgar Ali Khan
Aged 21 years, Occupation : Self Employed
Residing at Part No.4, New
Gautam Nagar, Chamni Mustafa
Masjid, Govandi, Mumbai – 400 043
…Applicants
Vs.
The State of Maharashtra
(At the instance of Navghar
Police Station Vide C.R.No.283 of 2023)
…Respondent
BA 443/2024
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CORAM:
HH THE ADDL.SESSIONS JUDGE
SHRI. V. M. SUNDALE
(Court Room No.27)
DATE : 28th February 2024
Shri Bhaskar J. Sarwade, learned advocate for the applicants.
Ms. Ratnavali Patil, learned APP for the State
ORDER
01.

The applicants namely Nisar Mohammed Mustaqali Khan
Zeeshan Nasar Siddiqui and Asraf Ali Asgar Ali Khan have filed this
application under Section 439 of the Code of Criminal Procedure for
granting regular bail in connection with Crime No.283/2023 registered
in Navghar Police Station, Mumbai for the offence under Section 395 of
the Indian Penal Code, on the allegations that the applicants and coaccused robbed the informant.

02.

The investigating officer through learned APP filed reply
(Exh.2) and opposed the application. It is contended that the offence is
serious. The applicants and co-accused hatched criminal conspiracy and
robbed the informant. The applicant no.1 is having criminal
antecedents. The applicants frequently change their residences.
According to the investigating officer in such circumstances, if the
applicants released on bail there is possibility of committing similar
offence, pressurizing the prosecution witnesses and fleeing away from
justice. Hence, the investigating officer prayed to reject the application.
03.

Heard Shri Bhaskar J. Sarwade, learned advocate for the
applicants and Ms. Ratnavali Patil, learned APP for the prosecution.

BA 443/2024
04.

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I have carefully gone through record with reference to
submission of both the sides. It appears that earlier Bail Application
no.3015/2023 came to be rejected by this Court as per the order dated
18/12/2023 mainly on the ground that the investigation
was at
primary stage and presence of the applicants was necessary for test
identification parade. The applicants have filed present second bail
application mainly on the ground that investigation is already
completed the test identification parade of the applicants is conducted
in police station. On perusal of charge-sheet and documents placed on
record it appears that the informant has not sustained any serious injury
in the alleged incident. It is alleged that on 15/11/2023, the applicants
and co-accused forcibly took out gold chain, smart watch and wallet of
the informant. However, in the course of investigation, the investigating
officer has recovered only Rs.5,000/- from one Minas Nisar Khan, wife
of applicant no.1. The investigation is completed and charge-sheet is
filed. The presence of the applicants is not necessary for any recovery or
discovery. The applicants are behind bar from last three months. It is
true that there are three offences registered in different police stations
against applicant no.1. However, merely on that ground it will not
proper to keep the applicants behind bar for indefinite period. The
apprehension placed on record by the investigating officer can be taken
care of by imposing certain stern conditions. In the facts and
circumstances of the case, the applicants are entitled to release on bail.
Hence, the following order is passed.
ORDER
1.

Criminal Bail Application No.443 of 2024 is allowed.

2.

The applicant no.1 Nisar Mohammed Mustaqali Khan, applicant
no.2 Zeeshan Nasar Siddiqui and applicant no.3 Asraf Ali Asgar
Ali Khan be released on bail in Crime no.283/2023 registered in
BA 443/2024
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Navghar Police Station for the offence under Section 395 of the
Indian
Penal
Code
on
their
executing
P.R.Bond
of
Rs.50,000/- (Rupees Fifty Thousand) each with one or two
sureties of the like amount.
3.

The applicant no.1 to 3 and their sureties shall provide their
respective mobile numbers, e-mail address and documents
pertaining to place of residence.

4.

The applicant no.1 to 3 shall not directly or indirectly make any
inducement, threat or pressurize any person acquainted with the
facts of the present case so as to dissuade him from disclosing
such facts to the Court.

5.

The applicant no.1 to 3 shall not leave India without prior
permission of the Court.

6.

Provisional cash bail in the like amount is allowed. The applicant
no.1 to 3 shall furnish surety within four weeks from the date of
release from jail, failing which the cash bail shall stand forfeited
without any separate order.

7.

Breach of any conditions by the applicant no.1 to 3 shall result in
cancellation of bail.

8.

Bail before learned Metropolitan Magistrate Court.

9.

Thus, Criminal Bail Application No.443 of 2024 stands disposed
of.

28/02/2024
Dictated on
: 28/02/2024
Transcribed on : 28/02/2024
Signed on
: 29/02/2024
(V. M. Sundale)
Addl.Sessions Judge,
City Civil & Sessions Court,
Gr. Mumbai
BA 443/2024
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CERTIFIED TO BE TRUE AND CORRECT COPY OF THE
ORIGINAL SIGNED JUDGMENT/ORDER.”
Upload Date
Upload Time
29/02/2024
5.15 p.m.

Name of Stenographer
Mrs. M.S. Putta
Name of the Judge (With C.R. No.)
Date
of
Pronouncement
JUDGEMENT /ORDER
HHJ Shri V.M.Sundale (C.R.No. 27)
of
28/02/2024
JUDGEMENT /ORDER signed by P.O.
on
29/02/2024
JUDGEMENT /ORDER uploaded on
29/02/2024