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B.A.416/24
MHCC020028482024
IN THE COURT OF SESSION FOR GREATER BOMBAY
CRIMINAL BAIL APPLICATION No.416 OF 2024
1. Samir Aslam Khan
Age 23 years, Occ : Labour,
R/a Sikandar Saray, Behind Muskan Cinema,
Near Bhopal Railway Station,
Bhopal MP
2. Rahul Sanjay Rai
Age 29 years, Occ : Parcel Dipactcher
R/a Sikandar Saray, Behind Muskan Cinema,
Near Bhopal Railway Station,
Bhopal MP
3. Imran Nasir Khan
Age 39 years, Occ – Labour
R/a Room No.98, Tadiwala Chawl,
Sewree Cross Road, Sewree,
Mumbai.

….Applicants
– Versus The State of Maharashtra
(At the instance of CSMT Railway
Police Station C.R.No.1097/2023)
.… Respondent
Appearance :Adv. Sherif Shaikh for the Applicant/ accused.
APP Iqbal Solkar for the respondent present.

CORAM : RAJESH A. SASNE,
ADDITIONAL SESSIONS JUDGE,
COURT ROOM No. 30.
DATED : 27/02/2024
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B.A.416/24
ORDER
This is an application filed by the accused u/sec.439 of
Criminal Procedure Code for releasing them on bail in connection with
crime registered at CSMT Railway Police Station Vide C.R.No.
1097/2023 for the commission of offence punishable under Section
420, 328, 188, 273, 34 of the Indian Penal Code and Section 30(2), (A),
3(1), (ZZ) (IV), 3, 59 of The Food Safety and Standard Act, 2006,
2.

It is alleged by the applicant / accused that they are
innocent and falsely implicated in the present case. The accused are
arrested on 13.02.2024 and 14.02.2024. They have 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. They are the permanent resident of their given
address therefore they prayed for releasing them 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 are
released on bail there are chances of flee from justice. If the accused are
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.
5.

I have gone through the application, reply, documents filed
on record. It is the case of the prosecution that on 27.12.2023 the
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B.A.416/24
Railway officers at CSMT Railway station found 28 bagages in parcel
bogi of up Rajdhani Express. These baggeges were containing Pan
Masala worth of Rs.17,52,325/-. These baggages were brought to the
police station. It was revealed that said parcel was booked in the name
of Mr. Akshay Bhopali. The report was lodged and offence is registered
u/Sec.420,328,188,,273 r/w Section 34 of IPC and Section 30(2)(A),
3(i) (ZZ) (iv), 3,59 of the Food and Safety and Standard Act 2006.
6.

The applicant No.3 was arrested on the basis of CCTV
footage. It is alleged that the applicant Nos.1 and 2 are dealing with the
transaction related to sale and purchase of said Pan Masala. The role
attributed to them is to take the parcel arrived at the Railway station
and to upload it for further delivery. All the applicants / accused are
arrested on 11.02.2024 and 13.02.2024, no recovery is pending against
them. In respect of the application of Section 328 of IPC, I rely upon the
following judgments :
1. Gaurav Jayantbhai Hapani V/s. The State of Maharashtra in
ABA NO.3406 of 2022
2. Shaukat Ali Khushiyal Ahmed Pathan V/s. The State of
Maharashtra in ABA No.1658 of 2021
3. Pramod K. Shah V/s. Commissioner of Custom (Export
Promotion S.I.I.B. (Export) and Anr. In Cr. Application
No.4230 of 2006
4. Nipul Nagde V/s. The State of Maharashtra in Petition for
Special Leave to Appeal (Cri.) No.6788/2021
5. Manjabhau Manchakrao Rokde V/s. The State of Maharashtra
in ABA No.844/2020
6. Ramdas Nivrutti Chintalwar V/s. The State of Maharashtra in
ABA 886/2022
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B.A.416/24
7. Sanjay Ramdas Ranware V/s. The State of Maharashtra in
ABA 1366/2022.
7.

It is a matter of fact that the issue pertaining to
applicability of Section 328 of IPC is subjudice before the Hon’ble
Supreme Court. In the judgment of Gaurav Hapani’s case supra the
Hon’ble Bombay High Court by order dated 19.01.2023 by considering
the observations in the bail order dated 09.12.2022 and order dated
22.06.2022 in ABA No.1587/22, 1588/22 allowed the anticipatory bail
application in the case where the offence was punishable u/Sec.328,
272, 273 of IPC.
8.

As aforesaid no recovery is pending therefore, further
incarceration of the present accused with police is unwarranted.
Considering the nature of offence and considering the facts on record, I
am of the view to grant the bail to the accused. Hence, I pass the
following order :
ORDER
1]
Bail Application No.416 of 2024 is allowed.

2]
Applicant No.1 / Accused Samir Aslam Khan, Applicant No.2 /
Accused Rahul Sanjay Rai, Applicant No.3 / Accused Imran Nasir Khan
arrested in C.R. No.1097/2023 under Section 420, 328, 188, 273, 34 of
the Indian Penal Code and Section 30(2), (A), 3(1), (ZZ) (IV), 3, 59 of
The Food Safety and Standard Act, 2006,
registered with C.S.M.T.

Police Station, Mumbai be released on bail on furnishing P.B. and S.B. of
Rs.25,000/- each with one or two sureties.
3]
The applicants / accused shall not tamper with the prosecution
witnesses and evidence in any manner.

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4]
B.A.416/24
The applicants / accused shall regularly attend the concern police
station on 1st and 4th Saturday till next two months or till filing of the
charge sheet, whichever is earlier.
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 applicants / accused shall not leave India without prior
permission of the Court.
7]
Bail before the concern Magistrate.

Date : 27/02/2024
Dictated on
Transcribe on
Signed by HHJ on
: 27.02.2024
: 01.03.2024
: 05.03.2024
( RAJESH A. SASNE)
Additional Sessions Judge,
Gr. Mumbai.

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B.A.416/24
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
ORDER.”
05/03/2024
5.25 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 27/02/2024
ORDER signed by P.O. on
05/03/2024
ORDER uploaded on
05/03/2024