BA 842/2022
1
MHCC020047502022
IN THE COURT OF SESSIONS FOR GREATER BOMBAY
AT BOMBAY
MISCELLANEOUS APPLICATION NO.842 OF 2022
IN
CRIMINAL APPEAL NO.188 OF 2022
Smt. Rehana Aash Mohammed Tailor,
Aged : 31 years, Occupation : Maid,
Residing at Building No.11A,
Room no.206, Natwar Parikh Compound,
Mhada Colony, Shivaji Nagar, Govandi,
Mumbai – 400 043
….Appellant/Accused no.5
Vs.
1. State of Maharashtra
2. The Senior Inspector of Police,
S.B.I.C.I.D. Mumbai
…. Respondents
Adv S.B.Tiwari for appellant/accused
APP for State absent.

CORAM:
HH THE ADDL.SESSIONS JUDGE
SMT.C.V.PATIL
(Court Room No.27)
DATE : 02nd February 2023
ORDER
1.

The said application is filed by appellant/accused Smt. Rehana Aash
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Mohammed Tailor. She submitted that Additional Chief Metropolitan
Magistrate, 8th Court, Esplanade, Mumbai, has convicted accused nos.1 to
6
in
C.C.No.659/PW/2017,
out
of
these
accused
the
present
appellant/accused is listed as accused no.5 in the said judgment. The
appellant/accused has preferred appeal against the said judgment.
2.

Appellant submitted that on the date of sentence the
Magistrate has suspended it for appeal period. Thereafter the appellant has
filed appeal on 12/04/2022 before Sessions Court. The applicant has been
convicted on 14/03/2022 and the appeal is filed on 12/04/2022 i.e.
within limitation. Since filing of appeal it is pending for reply of MA and
BA application of the appellant but till date prosecution failed to file reply.
Today no one is appeared from the side of prosecution.
3.

Heard learned advocate of appellant.

4.

The appellant/accused has produced copy of judgment dated
14/03/2022 passed by learned Metropolitan Magistrate, 8th Court,
Esplanade, Mumbai. By the judgment and order the appellant is convicted.
The appellant wants to challenge the said judgment before the Session
Court. Right to challenge order and judgment is statutory right of
appellant. Therefore during pendency of appeal the appellant be released
on bail.

Appellant/accused requested to continue cash bail amount
deposited by appellant before Magistrate Court for suspension of sentence.
Considering right of appellant to challenge the judgment before higher
authority and her submission that she would get success, during pendency
of appeal the appellant be released on bail. following order is passed.

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ORDER
1.

Bail Application no.842 of 2022 is allowed.

2.

The appellant/accused Smt. Rehana Aash Mohammed Tailor be
released on furnishing PB and SB of Rs.15,000/­ (Rupees Fifteen
Thousand).
3.

The request of appellant/accused to continue cash bail is allowed
subject to proof about deposit of amount before Magistrate Court and on
proof of her ID and address.
4.

Thus, Bail Application No.842 of 2022 stands disposed of.

02/02/2023
Date of Dictation
: 02/02/2023
Date of Transcription :04/02/2023
Date of signature
:06/02/2023
(Smt.C.V.Patil)
Addl.Sessions Judge,
City Civil & Sessions Court,
Gr. Mumbai
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE
ORIGINAL SIGNED JUDGMENT/ORDER.”
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Date
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JUDGEMENT /ORDER
H.H.J. Smt. C.V.Patil (C.R.No. 27)
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JUDGEMENT /ORDER signed by P.O.
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