MHCC020092472022
IN THE SESSIONS COURT FOR GREATER MUMBAI
AT MUMBAI
CRIMINAL BAIL APPLICATION NO.1700 OF 2022
(CRIME NO.263 OF 2022, TARDEO POLICE STATION)
CNR No.MHCC02-009247-2022
Sahil Jalal Shaikh,
Age : 24 years, Adult Indian Citizen,
Residing at : Lakkipur, Raj Mahal,
Sahibganj.

]
]
]
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… Applicant/
Accused
Vs.
The State of Maharashtra,
(at the instance of Tardeo police station).

]
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… Respondent/
Complainant
Appearances :Mr. Prasad Panchal, Ld. Adv. for applicant.
Mr. J. N. Suryawanshi, Ld. A.P.P. for respondent/State.
WITH
MHCC020092492022
IN THE SESSIONS COURT FOR GREATER MUMBAI
AT MUMBAI
CRIMINAL BAIL APPLICATION NO.1701 OF 2022
(CRIME NO.263 OF 2022, TARDEO POLICE STATION)
CNR No.MHCC02-009249-2022
Fakruddin Danish Shaikh,
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Common Order
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Age : 24 years, Adult Indian Citizen,
Residing at : Surat Gully Zopadpatti,
Danabunder, Mumbai.

BA 1700/22 @ BA 1701/22
]
]
]
… Applicant/
Accused
Vs.
The State of Maharashtra,
(at the instance of Tardeo police station).

]
]
… Respondent/
Complainant
Appearances :Mr. Prasad Panchal, Ld. Adv. for applicant.
Mr. J. N. Suryawanshi, Ld. A.P.P. for respondent/State.
CORAM : VISHAL S. GAIKE,
ADDL. SESSIONS JUDGE,
COURT ROOM NO.22.
DATE : 27th July, 2022.
COMMON ORDER
1.

Both of these applications are filed under Section 439 of
the Code of Criminal Procedure for regular bail in connection with
Crime No.263 of 2022 registered at Tardeo police station under
Sections 454, 457, 380, 411 r/w. 34 of the Indian Penal Code.
2.

It is the case of the prosecution that, on 11/04/2022,
between 9.30 a.m. to 9.00 p.m., some unknown persons had broken
the lock of complainant’s house and had entered in it. They stole cash
amount of Rs.26,50,000/- and 250 grams of silver coin having value of
Rs.9,000/-.
3.

The say of the Investigating Officer was called. He has
stated that, during investigation, the C.C.T.V. footage of various points
Common Order
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BA 1700/22 @ BA 1701/22
was examined and accused Fakruddin Danish Shaikh, resident of Surat
Gully Slum of Danabunder, Mumbai, was arrested. During his
interrogation, his involvement in the said crime was revealed. Accused
Fakruddin disclosed that his accomplice i.e. accused Sahil Shaikh had
assisted him in commission of the crime. Therefore, the C.D.Rs. of the
mobile phones of both the accused were obtained. Thereafter, accused
Sahil was arrested from his native village in District Sahebganj,
Jharkhand State. On the basis of statement given by accused Fakruddin,
the bag used for stealing the metal safe and the metal safe were
recovered from his house situated in Danabunder, Mumbai. Rs.30,000/was recovered from witness Isa Danish Shaikh, to whom, accused
Fakruddin had given the said money. Thereafter, cash amount of
Rs.1,55,000/- was recovered from accused Sahil Shaikh. Thereafter,
more amount was recovered from another accused. An amount of
Rs.16,11,000/- is yet to be recovered. If the applicants/accused are
released on bail, then they may abscond and commit similar offences.
They may obstruct the investigation. Applicants are not having any
permanent residence in Mumbai, therefore, their application may
kindly be rejected.
4.

Heard the parties. Learned counsel for the applicants
submitted that, applicants are innocent and have not committed any
offence, as alleged. They have been falsely implicated in the present
crime. That, the investigation was completed long back and the chargesheet is already filed in the month of May, 2022. Applicants are ready
to abide any condition which may be imposed upon them, in the event
of their application being allowed. They have no criminal antecedents
Common Order
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BA 1700/22 @ BA 1701/22
and are young boys of age 24 years only. Hence, they may kindly be
released on bail.
5.

Learned A.P.P. vehemently opposed the application and
submitted that, applicants may abscond, after they are released on bail.
They may threaten and pressurise the complainant and witnesses.
Hence, the application may kindly be rejected.
6.

I have given thoughtful consideration to the submissions
made on behalf of both the parties. Though, the Investigating Officer
has claimed that the applicants may obstruct the investigation after
their release on bail, but it appears that the charge-sheet is already filed
against them in the month of May, 2022. The copies of charge-sheet are
filed on record along with both the applications. The applicants are not
having any criminal antecedents and are young boys of 24 years of age.
The trial against them may take time to commence and conclude. The
presumption of innocence is available to them till the conclusion of
their trial. No further purpose would be served by keeping the
applicants behind the bars. Hence, I am inclined to allow both the
applications and proceed to pass the following two separate orders :ORDER
1.

Bail Application No.1700 of 2022 is hereby allowed.

2.
Applicant Sahil Jalal Shaikh in C.R.No.263 of 2022
registered with Tardeo police station for the offence punishable under
Sections 454, 457, 380, 411 r/w. 34 of the Indian Penal Code, shall be
released on bail on executing his P.R. bond of Rs.15,000/- with two
separate sureties in the like amount, and on following conditions :(a)
He shall not tamper with the prosecution witnesses and
evidence ;
Common Order
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BA 1700/22 @ BA 1701/22
(b)
He shall furnish his detail address, mobile/contact number,
address proof and identity proof at the time of furnishing bail ;
(c)
In case of change of his residence or mobile/contact
number, he shall inform it to the Court and Investigating Officer ;
(d)
He shall attend the Court regularly ;
(e)
He shall not leave the jurisdiction of this Court without the
permission of concerned Metropolitan Magistrate ;
(f)
He shall not give any threat or pressurise the complainant
and witnesses in any manner which may dissuade them from disclosing
any fact of the case to the police officer or to the Court.
3.
Bail shall be furnished before concerned Metropolitan
Magistrate.
4.

Bail Application is disposed off accordingly.
ORDER
1.

Bail Application No.1701 of 2022 is hereby allowed.

2.
Applicant Fakruddin Danish Shaikh in C.R.No.263 of 2022
registered with Tardeo police station for the offence punishable under
Sections 454, 457, 380, 411 r/w. 34 of the Indian Penal Code, shall be
released on bail on executing his P.R. bond of Rs.15,000/- with two
separate sureties in the like amount, and on following conditions :(a)
He shall not tamper with the prosecution witnesses and
evidence ;
(b)
He shall furnish his detail address, mobile/contact number,
address proof and identity proof at the time of furnishing bail ;
(c)
In case of change of his residence or mobile/contact
number, he shall inform it to the Court and Investigating Officer ;
(d)
He shall attend the Court regularly ;
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BA 1700/22 @ BA 1701/22
(e)
He shall not leave the jurisdiction of this Court without the
permission of concerned Metropolitan Magistrate ;
(f)
He shall not give any threat or pressurise the complainant
and witnesses in any manner which may dissuade them from disclosing
any fact of the case to the police officer or to the Court.
3.
Bail shall be furnished before concerned Metropolitan
Magistrate.
4.

Bail Application is disposed off accordingly.
Digitally signed
by VISHAL
SADASHIVRAO
GAIKE
Date:
2022.07.29
15:02:49 +0530
( VISHAL SADASHIVRAO GAIKE )
ADDL. SESSIONS JUDGE,
CITY CIVIL & SESSIONS COURT,
GREATER MUMBAI.

Date : 27/07/2022.
Directly typed on Computer on
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Signed on
: 28/07/2022.
: 29/07/2022.
:
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
UPLOAD DATE AND TIME
29/07/2022 at 3.05 p.m.

NAME OF STENOGRAPHER
Bahushruta Y. Jambhale
Name of the Judge ( With Court H.H.J. Shri Vishal S. Gaike
Room No.)
(Court Room No.22)
Date
of
Pronouncement
JUDGMENT/ORDER
of 27/07/2022.

JUDGMENT/ORDER signed by
P.O. on
29/07/2022.

JUDGMENT/ORDER uploaded on
29/07/2022.