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B.A.272/24
MHCC020018842024
IN THE COURT OF SESSION FOR GREATER BOMBAY
CRIMINAL BAIL APPLICATION No.272 OF 2024
Ramzan Mehboob Shaikh
Age 34 years, Occ : Student,
Muslim, Indian Inhabitant,
Residing at B/2B/112 Munach Qureshi
Compound, Veera Desai Road, ARC Plaza,
Jogeshwari (W), Mumbai 400 102.

….Applicant
– Versus The State of Maharashtra
(At the instance of DCB CID Unit-4,
C.R.No.81/2023 (Corresponding C.R. No.
1096/2023 Amboli Police Station)
.… Respondent
Appearance :Adv. Neha Bhavsar a/w Heet Patel h/f Adv V.K. Dubey for the Applicant/
accused.
APP Iqbal Solkar for the respondent present.
Adv S.M. Kharat for the intervenor.

CORAM : RAJESH A. SASNE,
ADDITIONAL SESSIONS JUDGE,
COURT ROOM No. 30.
DATED : 04/03/2024
ORDER
This is an application filed by the accused u/sec.439 of
Criminal Procedure Code for releasing him on bail in connection with
crime registered at DCB CID, Unit-4 (Corresponding C.Rno.1096/2023
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B.A.272/24
Amboli Police Station) Vide C.R.No. 81/2023 for commission of offence
under Section 420,465,467,468,471,474,34 of the Indian Penal Code,
1860.
2.

It is alleged by the applicant / accused that he is innocent
and falsely implicated in the present case. The accused is arrested on
13.12.2023. He has undergone custodial interrogation. Nothing is to be
seized or recovered from the possession of the accused. Therefore, there
is no point in keeping the accused behind bars. He is permanent
resident of his given address therefore he prayed for releasing him on
bail.
3.

The prosecution opposed the application by filing reply
vide Exh.2. It is the contention of the prosecution that if the accused is
released on bail there are chances of flee from justice. If the accused is
released on bail there are chances of threatening of prosecution
witnesses and tampering of prosecution evidence. Hence, prosecution
prayed for rejection of the application.
4.

Read the application, say filed by the prosecution. Heard
the ld. Advocate for the applicant and ld. APP for the State. No
argument of the intervenor.
5.

I have gone through the application, reply, documents filed
on record. It is the prosecution case that on the basis of intelligence
gathered the police found that accused Sikandar Shah has developed
modus operandi to purchase scrap dumper truck, purchase it at low
rate, repair them, obtain NOC of RTO from Arunachal Pradesh and
lateron sale them by obtaining new registration number at Vasai RTO.

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B.A.272/24
For that purpose said accused used to forge chassis numbers and engine
numbers. Accordingly the police visited the place of the accused. There
they found the vehicles which were owned by said accused Sikandar
Shah and the present applicant Ramzan. The applicant is the owner of
tempo Bearing Number MH48CQ4193. Those three vehicles were seized
by the police. In the investigation it was revealed that those vehicles
were purchased in scrap from Imran Mehraj
and Nariruddin. It is
further revealed that Sikandar had purchased three vehicles in scrap
and with the help of one Mr. Fakruddin Shaikh from Orissa he created
documents to show that said vehicle is registered at Arunachal Pradesh.
With the help of one Mr. Reddy from Telangana, he forged the engine
chassis number and after registering it with RTO at Vasai and Virar, the
accused used to sale these vehicles.
6.

The person from Tata Company informed that three
vehicles seized from the accused were manufactured before year 2012.
Manufacturing of said vehicles was stopped since 2012. In spite of this
fact the details appears that these vehicles are manufactured in the year
2019. Though as per the original manufacturing it is vehicle of BS3, by
manipulation it is shown as BS 04. Chassis number and engine numbers
are forged. Accordingly the report is lodged and offence is registered
against the applicant / accused and other co-accused. The applicant /
accused is arrested on 13.12.2023. The intervenor failed to appear and
made the submission. From the record it appears that the investigation
is completed. The charge sheet is already filed. The accused is behind
bars since 13.12.2023. No recovery is pending against the applicant /
accused. Trial will take its own course to conclude. Till then the
applicant / accused can not be kept behind bars. Further incarceration
is not warranted. The accused is resident of Mumbai. His presence can
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B.A.272/24
be secured by putting reasonable conditions as to attendance. Hence, he
is entitled for bail. In the result, I pass the following order :
ORDER
1.

Criminal Bail Application No.272 of 2024 is allowed.

2.

Applicant / accused Ramzan Mehboob Shaikh arrested in Crime
Number 81/2023 registered at DCB CID Unit-4 (Correspondent
C.R.No.1096/2023 Amboli Police Station), Mumbai under Section
420,465,467,468,471,474,34 of the Indian Penal Code be released on
bail on furnishing P.B. and S.B. of Rs.25,000/- with one or two sureties
3.

The applicant / accused shall not tamper with the prosecution
witnesses and evidence in any manner.
4.

The applicant / accused shall regularly attend the concern police
station on 2nd Saturday of every month between 11:00 am. to 02:00
p.m. till framing of charge.
5.

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.
6.

The applicant / accused shall not leave India without prior
permission of the Court.
7.

Bail before the concern Magistrate.

Date : 04/03/2024
Dictated on
Transcribe on
Signed by HHJ on
: 04.03.2024
: 06.03.2024
: 11.03.2024
( RAJESH A. SASNE)
Additional Sessions Judge,
Gr. Mumbai.

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B.A.272/24
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
ORDER.”
12/03/2024
1.59 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.)
R.A. SASNE, Court Room No. 30.
Date of Pronouncement of ORDER 04/03/2024
ORDER signed by P.O. on
11/03/2024
ORDER uploaded on
12/03/2024