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IN THE COURT OF SESSIONS FOR GREATER MUMBAI AT MUMBAI
CRIMINAL BAIL APPLICATION NO.1872 OF 2022
CNR NO. MHCC020102202022
Mr. Sanjay Jagannath Dubey
Age: 46 years, Occ: Business,
R/at : Trimurti Chawl Committee,
35/36, Room No.667, Kamrajnagar,
Ghatkopar (East), Mumbai – 400077.
…Applicant/Accused
Vs.
The State of Maharashtra
(At the instance of RPF LTT Post, Mumbai)
…Respondent/State
Appearances :
Mr. Vijay Agale, Ld. Advocate for the applicant/accused.
Ms. Ratnavali Patil, Ld. APP for the Respondent/State.
CORAM : H. H. THE ADDL. SESSIONS JUDGE,
SHRI A.A. KULKARNI (C.R. NO.24)
DATED : 17TH AUGUST, 2022
(ORAL ORDER)
(Dictated and pronounced in the open Court)
This is an application for bail under Section 439 of Cr. P.C.
Heard Ld. Advocate for the applicant and Ld. APP for the State. Perused
documents on record.
2.
The Ld. Advocate for applicant submitted that applicant is
arrested by RPF LTT Post, Mumbai in connection with Crime
No.514/2022 for the offence punishable under Section 143 of Railway
Act. As per allegations, RPF Team apprehended applicant near LTT
Railway Station on suspicion. On 19.06.2022 applicant was produced
before Ld. M.M. Court at CSMT, Mumbai and since then he is in judicial
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custody. After completion of investigation, police filed chargesheet
before Ld. M.M., 35th Court, CSMT, Mumbai. The applicant filed bail
application before Ld. M.M. Court but it was rejected on 29.07.2022. It
is further contended that alleged property i.e. two filled up and three
unfilled reservation forms were seized from applicant. Nothing
remained to be seized from applicant. It is further contended that
offence under Section 143 of Railway Act is bailable. Investigation is
completed and chargesheet is filed. There is no need of custodial
interrogation. Hence, prayed for grant of bail.
3.
Ld. APP opposed the application and contended that
applicant is habitual offender. Hence, prayed for rejection of
application.
4.
In view of submissions from both the sides and on perusal
of documents on record, it is clear that offence under Section 143 of
Railway Act is bailable offence. Investigation is completed and charge
sheet is filed. Nothing remained to be seized at the instance of
applicant. Therefore, in my opinion, further custodial interrogation of
applicant is not required. Therefore, applicant is entitled to be released
on bail. Hence, I passed the following order :
ORDER
1.
Criminal Bail Application No. 1872 of 2022 is allowed.
2.
Applicant/accused Sanjay Jagannath Dubey be released on bail
on furnishing P.R. Bond of Rs.25,000/ along with one or two
sureties
of
like
amount
each
in
connection
with
C.R.
No.514/2022 registered with RPF LTT Post, Mumbai.
3.
Applicant/accused shall attend RPF LTT Post, Mumbai on notice
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by Investigating Officer.
4.
Applicant/accused shall furnish his residential address proof and
contact numbers to Investigating Officer.
5.
Applicant/accused shall not directly or indirectly, make any
inducement, threat or promise to any person acquainted with the
facts of the case so as to dissuade him from disclosing such facts
to the Court or to any Police Officer.
6.
Applicant/accused shall not leave India without previous
permission of the Court.
7.
Bail before Ld. Court below.
8.
Criminal Bail Application No.1872 of 2022 stands disposed of
accordingly.
Date : 17.08.2022
Dictated on
: 17.08.2022
Transcribed on : 17.08.2022
HHJ signed on : 17.08.2022
[A.A. KULKARNI]
ADDITIONAL SESSIONS JUDGE
GREATER MUMBAI
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
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18.08.2022
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Date of Pronouncement
JUDGMENT /ORDER
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JUDGMENT /ORDER signed by 17.08.2022
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