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IN THE COURT OF SESSIONS FOR GREATER MUMBAI AT MUMBAI
CRIMINAL BAIL APPLICATION NO.1740 OF 2022
CNR NO. MHCC02­009469­2022
Mr. Rajesh Raju Shettiyar @ Rajeshwala
Age: 42 years, Occ. : Service,
R/at : Room No.5, 2nd Floor,
Samadhan Building,
Sion (W), Mumbai – 400 022.

…Applicant/Accused
Vs.
The State of Maharashtra
(At the instance of Crime Branch, Unit V)
…Respondent/State
Appearances :­
Mr. Sharif Shaikh, Ld. Advocate for the applicant/accused.
Ms. Ratnavali Patil, Ld. APP for the Respondent/State.
CORAM : H. H. THE ADDL. SESSIONS JUDGE,
SHRI A.A. KULKARNI (C.R. NO.24)
DATED : 18TH JULY, 2022
(ORAL ORDER)
(Dictated and pronounced in the open Court)
This is an application for bail under Section 439 of Cr. P.C.
Heard Ld. Advocate for the applicant and Ld. APP for the State. Perused
documents on record.
2.

The Ld. Advocate for applicant submitted that applicant is
arrested by police in connection with Crime No.45/2022 for the offence
punishable under Sections 367, 326, 506(2), 34 of IPC. It is alleged by
informant that applicant is Ganja Supplier. Due to providing
information by informant to police, one Tanaji Khopde alongwith his
three friends assaulted informant by iron rod on his shoulder. Due to
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assault, he sustained grievous hurt. It is contention of Ld. Advocate for
applicant that at the time of incident, applicant was had been to
Koimbture. He was not present at the spot of incident, then also he is
falsely implicated in this case. It is further contended that he is ready to
abide by any condition imposed on him and prayed for grant of bail.
3.

Ld. APP filed say Exh.2 and opposed the application on the
ground that on the instigation of applicant, Tanaji and others assaulted
informant and caused grievous injuries. Applicant is member of crime
syndicate. Hence, prayed for rejection of the application.
4.

In view of submissions from both the sides and on perusal
of documents on record, it is clear that as per allegations, incident
occurred on 7.05.2022. In the FIR there is no name of applicant. As per
the copy of air ticket filed on record, it revealed that during period of
incident applicant was not present on the spot. Therefore, merely on the
allegation of informant and without requirement of any custodial
interrogation, he cannot be detained for indefinite period. Therefore, I
am of the opinion that for the purpose of further investigation, presence
of applicant is not required by police. Therefore, applicant is entitled to
be released on bail. Hence, I passed the following order :­
ORDER
1.

Criminal Bail Application No. 1740 of 2022 is allowed.

2.

Applicant/accused Rajesh Raju Shettiyar @ Rajeshwala be
released on bail on his furnishing P.R. Bond of Rs.25,000/­ along
with one or two sureties of like amount in connection with C.R.
No.45/2022 registered with Crime Branch, Unit V.

3.

The applicant/accused shall attend Crime Branch, Unit­V on
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notice by Investigating Officer.
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 Ld. Court below.

8.

Criminal Bail Application No.1740 of 2022 stands disposed of
accordingly.

Date : 18.07.2022
Dictated on
: 18.07.2022
Transcribed on : 18.07.2022
HHJ signed on : 18.07.2022
[A.A. KULKARNI]
ADDITIONAL SESSIONS JUDGE
GREATER MUMBAI
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE
ORIGINAL SIGNED JUDGMENT/ORDER.”
Upload Date
19.07.2022
Upload Time
4.30 p.m.

Name of Stenographer
PRAJWALA V. PHODKAR
Name of the Judge (With HHJ SHRI. A.A. KULKARNI (CR 24)
Court Room No.)
Date of Pronouncement
JUDGMENT /ORDER
of 18.07.2022
JUDGMENT /ORDER signed by 18.07.2022
P.O. on
JUDGMENT /ORDER uploaded 19.07.2022
on