B.A. 777/2022
..1..
Order
MHCC020043932022
IN THE COURT OF SESSIONS FOR GREATER BOMBAY AT BOMBAY
CRIMINAL BAIL APPLICATION NO. 777 OF 2022
( CNR NO.: MHCC020043932022 )
Shamsuddin Nasib Ali Shaikh.
An Indian,
Aged about 53, Occ.: Business,
R/o. Takdir Timber Mart,
Indira Nagar, Vashi Naka,
Mahul Road, Chembur,
Mumbai – 400 074.
…Applicant/Accused.
V/s.
The State of Maharashtra.
(At the instance of RCF P.Stn.
Vide C.R. No.595/2021)
…Respondents/State.
Appearance:
Mr. Iqbal Shaikh Advocate for the Applicant/Accused.
Mr. Ramesh Siroya APP for the State/respondent.
CORAM : H.H. THE ADDL. JUDGE
SHRI G.B.Gurao (C.R.17)
DATE : 25/04/2022.
ORDER
1.
by
This is an application under section 439 of Cr.P.C. for bail
applicant/accused
Shamsuddin
Nasib
Ali
Shaikh
in
crime
No.595/2021 under section 420, 465, 467, 468 and 471 r/w 34 of IPC
registered at police station R.C.F., Mumbai.
B.A. 777/2022
2.
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Order
Mr. Iqbal Shaikh advocate for accused has submitted that accused
is innocent and he has not committed any crime. The FIR is registered
against the accused after thought. There is substantial delay in filing
FIR. He further submitted that the transaction is of civil in nature.
Applicant/accused is ready to abide by the conditions imposed by the
Court. Hence, he prayed to release the accused on bail.
3.
Mr. Siroya ld. A.P.P. for the State submitted that accused is
habitual offender. Similar type offences are registered against the
accused. Accused cheated to the complainant to the tune of
Rs.16,00,000/. The investigation is in progress.
Hence, he prayed to
reject the application.
4.
Offence punishable under sections 420, 465, 467, 468 and 471
r/w 34 of IPC is registered against the accused. It is specifically stated
that complanaint does embroidary design work.
He was in need of
room and therefore, he contacted accused. He agreed to purchase room
from the accused at Bhakti Park, Wadala.
The accused pretended him
that he is owner of the said room. Accordingly the accused extracted
the amount from the complainant. Complainant had gone to reside in
the said room. But the officer of MMRDA evicted the complainant from
the room as accused had no title to the room. Thereafter, accused
showed complainant open plot in Tahsil Vasai, District Thane and it
was also revealed that the said plot is not owned by the accused. It
appears that due to the act of the accused, accused prepared forged
documents
and
cheated
to
the
complainant
to
the
tune
of
Rs.16,00,000/. The complainant sustained wrongful loss of his hard
earned money of Rs.16,00,000/. The offence is serious. Investigation
is in progress.
Further the similar type of offences are registered
B.A. 777/2022
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Order
against the accused in police station Shivaji Nagar.
Offences under
sections 392 and 395 are also registered against the accused at police
station Deonar. The antecedent of the accused are not clear and if he is
released on bail, then he will commit similar type of offence and
pressurize the witnesses. Further the investigation is in progress.
Hence, the accused is not entitled for bail. Hence, the following order :
ORDER
Bail Application No.777/2022 is hereby rejected and disposed
of accordingly.
GIRISH
BALKRISHNA
GURAO
Digitally signed by
GIRISH BALKRISHNA
GURAO
Date: 2022.05.12
14:32:52 +0530
(G.B.Gurao)
Addl. Judge
City Civil & Sessions Court,
Gr. Bombay.
Dictated on : 25.04.2022
Transcribed on : 26.04.2022
Date of sign
:
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER”
29.04.2022.
UPLOAD DATE AND TIME
Name of the Judge (with Court Room
No.)
Mrs. P.R.Wagh
NAME OF STENOGRAPHER
HHJ SHRI.G.B.Gurao,(C.R.No.17)
Addl. Judge.,City Civil & Sessions Court,
Date of pronouncement of /Order
25.04.2022.
Order signed by P.O. on
29.04.2022
order uploaded on
29.04.2022