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BA 1490/2022
MHCC020081162022
IN THE COURT OF SESSIONS FOR GREATER BOMBAY
BAIL APPLICATION No. 1490 OF 2022
Mr. Noorbadshah Azgarali Shaikh
adult age about 58 years, Occ : Service,
Residing at Room No.712, Mahada Bldg
No.B/10, Shivaji Nagar, Mumbai,
Maharashtra, Govandi 400 043
The State of Maharashtra
(Through Bandra Station
vide Cr. No.480/2022)
…
Applicant / Accused
Versus
… Respondent
Appearance :
Mr. S.C. Kewat and R. Jaiswar, Advocate for applicant.
Mr. Lade, A.P.P. for respondent.
CORAM : SHRI. S.D. KULKARNI,
ADDITIONAL SESSIONS JUDGE,
COURT ROOM No. 30.
DATED : 05/07/2022.
ORDER
1.
This is an application filed by the accused u/sec.439 of
Criminal Procedure Code for releasing him on bail.
2.
Perused the application, say filed by the prosecution. Heard
both advocates at length.
3.
The allegation of the prosecution that accused persons
gathered near Ribella Road, Opp. Rock Road Circle, Near Old
Bungalow, Bandra (West), with intend to commit dacoity therefore, API
Avinash Nadvinkeri received secret information of the above facts
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BA 1490/2022
therefore, accused were arrested while preparing to commit dacoity.
The contention of the applicant / accused that they were arrested on
mere suspension. The say filed by the prosecution clearly shows that
alleged weapon shown to be recovered from the accused. No any
weapon shown as seized from the present accused. Hence, accused
prayed for releasing him on bail.
4.
The prosecution opposed the application on a ground that
accused is a habitual offender and crime was registered against him in
Byculla, Phydhonie and Dongri Police Station. Prosecution further
alleged that if accused release on bail there is possibility of repetition of
similar crimes at the hands of accused hence, prayed for rejection of the
application.
5.
It is a matter of record that accused prosecuted for the
commission of offence punishable u/sec.399,402 of IPC. So, allegation
against the accused that they were making preparation to commit
dacoity. The police has arrested accused on the faithful night itself. The
police has prepared spot panchanama, police also seized weapon and
vehicle from the accused persons. It is come on record that police has
filed chargesheet against the accused. The copy of chargesheet is filed
on record. Therefore, in my opinion custodial interrogation of the
accused is not necessary. Accused is permanent resident of Mumbai.
The prosecution opposed the application by submitting that if accused
released on bail there are chances of repeating similar offence. Chances
of absconding accused and threatening prosecution witnesses. But in my
opinion the presence of accused can be secured by imposing certain
conditions. Therefore, I am of the opinion that accused is entitled for
releasing on bail. Considering this, I pass the following order.
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BA 1490/2022
ORDER
1]
Bail Application is allowed.
2]
Accused
Noorbadshah
Azgarali
Shaikh
arrested
in
CR.No.480/2022 under Sections 399,402 of the Indian Penal
Code r/w 4,25 arms Act r/w section 37(1), 135 M.P. Act
registered at Badra Police Station be released on P.B. and S.B. of
Rs.50,000/ with one or two surety/s subject to conditions that he
shall attend the said police station on every Sunday between
02.00 p.m. to 06.00 p.m. till further order.
3]
The accused shall not tamper with the prosecution witnesses and
evidence in any manner.
4]
Provisional cash bail in the like amount is allowed. The accused
shall furnish surety within 4 weeks from the date of release
from jail failing which the cash bail shall stand forfeited without
any separate order to that effect.
5]
The applicant shall deposit his passport, if any, with Investigating
Agency.
6]
The applicant / accused shall not leave India without prior
permission of the Court.
5]
Bail before the learned committing Court.
SANTOSH
DIGAMBAR
KULKARNI
Date : 05/07/2022.
Dictated on
: 05.07.2022
Transcribed on : 05.07.2022
Signed by HHJ on: 05.07.2022
Digitally signed
by SANTOSH
DIGAMBAR
KULKARNI
Date: 2022.07.06
17:51:41 +0530
( S.D. Kulkarni )
Additional Sessions Judge,
Gr. Mumbai.
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BA 1490/2022
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
ORDER.”
06/07/2022
5.00 p.m.
UPLOAD DATE
TIME
J.S. Chavan
NAME OF STENOGRAPHER
Name of the Judge (With Court H. H. Additional Sessions Judge Shri.
Room No.)
S.D. KULKARNI,
Court Room No. 30.
Date of Pronouncement of ORDER 05/07/2022
ORDER signed by P.O. on
05/07/2022
ORDER uploaded on
06/07/2022