B.A.919/2024
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MHCC020058372024
IN THE COURT OF SESSIONS FOR GREATER BOMBAY
AT BOMBAY
CRIMINAL BAIL APPLICATION NO.919 OF 2024
IN
C.R.NO.110 OF 2024
Rehmatullah Mohd. Shafik
Shaikh
Aged : 28 years, Occupation :
Labour, Residing at : 1 Lane,
Road No.5, Near Masjid,
Shivaji Nagar, Mumbai – 43
…Applicant
Vs.
The State of Maharashtra
(At the instance of Mulund
Police Station)
CORAM:
…Respondent
HH THE ADDL.SESSIONS JUDGE
SHRI. V. M. SUNDALE
(Court Room No.27)
DATE : 16th April 2024
Shri Zoheb Shaikh, learned advocate for applicant.
Ms. Ratnavali Patil, learned APP for State/Respondent
ORDER
01.

The applicant Rehmatullah Mohd. Shafik Shaikh has filed
this application under Section 439 of the Code of Criminal Procedure
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for granting bail in connection with Crime No.110/2024 registered with
Mulund Police Station, Mumbai for the offences punishable under
Sections 454, 457, 380 r/w 34 of the Indian Penal Code, on the
allegations that the applicant and co-accused in furtherance of their
common intention committed lurking house trespass by night and stole
cash amount and gold ornaments worth Rs.1,30,000/- belonging to the
informant.
02.

The investigating officer through learned A.P.P. filed reply
(Exh.02) and strongly opposed the application. It is contended that the
offence is serious and in the course of investigation involvement of the
applicant is transpired. It is further contended that similar other
offences are registered against the applicant and co-accused. The
applicant has no permanent residence. According to the investigating
officer, if the applicant released on bail there is possibility of committing
similar offence and fleeing away from justice. Hence, the investigating
officer prayed to reject the application.
03.

Heard Shri Zoheb Shaikh, learned advocate for applicant.

Ms. Ratnavali Patil, learned APP for the prosecution.
04.

I have carefully gone through record with reference to
submission of both the sides. On perusal of First Information Report and
case papers placed on record it appears that after registration of an
offence the applicant was arrested on 18/03/2024 and produced before
the learned Metropolitan Magistrate. The applicant was remanded to
police custody till 22/03/2024 and thereafter taken into judicial
custody. It further appears that in the course of investigation except
cash amount all other gold ornaments are recovered. The co-accused is
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already released on bail by the learned Metropolitan Magistrate. The
investigation is almost completed and presence of the applicant is not
necessary for any purpose. The investigating officer opposed the
application mainly on the ground that similar offences are registered
against the applicant and the applicant has no permanent address. On
the other hand, learned advocate for applicant argued that the applicant
resides at 1st Lane, Road No.5, Near Masjid, Shivaji Nagar, Mumbai – 43
and he is ready to furnish his permanent residential address. It is true
that similar four offences are registered against the applicant in Tilak
Nagar Police Station and Shivaji Nagar Police Station, but merely on
that ground it will not proper to deny bail to the applicant in this crime.
The charges levelled against the applicant are not exclusively
punishable with death or imprisonment for life. There are no extra
ordinary circumstances to keep the applicant behind bar for indefinite
period and complete remaining part of investigation. The apprehension
placed on record by the investigating officer can be taken care of by
imposing certain conditions. In the facts and circumstances of the case,
the applicant is entitled to release on bail. Hence, the following order is
passed.
ORDER
1.

Criminal Bail Application No.919 of 2024 is allowed.

2.

The applicant Rehmatullah Mohd. Shafik Shaikh be released on
bail in Crime no.110/2024 registered in Mulund Police Station for
the offences under Section 454, 457, 380 r/w. 34 of the Indian
Penal Code on his executing P.R.Bond of Rs.25,000/- (Rupees
Twenty-Five Thousand) with one or two sureties of the like
amount.

3.

The applicant and his surety shall provide their respective mobile
numbers, e-mail address and documents pertaining to place of
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residence.
4.

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

6.

The applicant is directed to attend the Mulund police station once
in a week i.e. on every Monday between 11.00 a.m. to 1.00 p.m.
till filing of charge-sheet and co-operate the investigating agency.

7.

Provisional cash bail in the like amount is allowed. The applicant
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.

8.

Breach of any conditions by the applicant shall result in
cancellation of bail.

9.

Bail before learned Metropolitan Magistrate Court.

10.

Thus, Criminal Bail Application No.919 of 2024 stands disposed
of.

Digitally signed
by VIRBHADRA
VIRBHADRA MAHADAPPA
MAHADAPPA SUNDALE
Date:
SUNDALE
2024.04.20
17:32:56 +0530
16/04/2024
Dictated on
: 16/04/2024
Transcribed on : 18/04/2024
Signed on
: 20/04/2024
(V. M. Sundale)
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.”
Upload Date
Upload Time
20/04/2024
5.45 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
16/04/2024
JUDGEMENT /ORDER signed by P.O.
on
20/04/2024
JUDGEMENT /ORDER uploaded on
20/04/2024