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MHCC020035272024
IN THE COURT OF SESSIONS FOR GREATER MUMBAI AT MUMBAI
BAIL APPLICATION NO. 535 OF 2024
Shiva Basoraj Mantal
… Applicant/accused
Vs.
The State of Maharashtra
(Through of Trombay Police Station vide … Respondent/State
C.R. No. 60/2024)
Appearance :Ms. Sneha Satve, Ld. Advocate for Applicant/Accused.
Mr. Sachin Patil, Ld. APP for the Respondent/State.
CORAM : H. H. THE ADDL. SESSIONS JUDGE,
SHRI A.S. SALGAR (C.R. NO.24)
DATED : 5TH MARCH, 2024
(ORAL ORDER)
(Dictated and pronounced in the open Court)
This is an application filed by applicant/accused under
Section 439 of the Code of Criminal Procedure, 1973, for releasing
him on regular bail in connection with C.R. No.60/2024 registered
with Trombay police station for the offence punishable under
Sections 379, 411, 413 r/w 34 of I.P.C.
2.

The applicant/accused submitted that he is innocent
and has not committed any offence. He has been falsely implicated
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in this case. He himself surrendered at police station. Applicant is
ready to abide by any terms and conditions imposed by the Court.
Hence, applicant/accused prayed for grant of regular bail in
connection with C.R. 60/2024 registered with Trombay police
station.
3.

The investigation officer submitted common reply in
B.A. No.533/2024 at Exh.2 and said common say is considered in
this bail application. Investigating officer contended that in this
case, five accused persons are arrested and out of them one is
juvenile-in-conflict with law. Investigating officer has recorded
statement of 12 drivers. Previously also the arrested accused Rashid
Qureshi has received stolen property. If bail is granted to
applicant/accused, then he will threaten to the witnesses. Hence,
investigating officer prayed for rejection of bail application.
4.

Heard
Ld.

Adv.

Ms.

Sneha
Satve
for
the
applicant/accused and Ld. APP Sachin Patil for Respondent/State.
5.

Complainant namely Gajendra Kadam, has lodged
report at Trombay police station under Section 379 of I.P.C. against
unknown accused persons on the ground that on 13.02.2024 near
Khandoba temple, Maharashtra Nagar, Mumbai unknown persons
stolen iron crips worth Rs.2,40,000/- which were brought for Metro
Project without consent of security guard.
6.

It is to be noted that the name of applicant/accused is
not mentioned in FIR. The FIR has been lodged against unknown
persons. The only allegation against applicant/accused is that he
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booked Tempo through Porter App. The name of applicant/accused
is disclosed on the basis of confession statement of co-accused.
Remand Report dated 17.02.2024 filed on record is not showing
any recovery from present applicant/accused in connection of this
crime. In my view further custody of applicant/accused is not
required.
7.

In present case the police have arrested five accused
persons in this crime. The stolen property worth Rs.2,40,000/- i.e.
iron crips and Eicher Tempo, 5 plates of iron shutter, iron bars, iron
pipes and iron platform were already recovered. Practically
investigation of the crime is completed. Therefore detention of
applicant/accused is not required. Hence, applicant/accused is
entitled for grant of regular bail.
8.

It is argued by Ld. A.P.P. that four crimes are registered
against applicant/accused. It is submitted that the applicant is
having criminal antecedents. Therefore, he prayed for rejection of
bail application. In my view, merely because other crimes are
registered against accused, only on that count bail cannot be
refused to him. Court can impose stringent conditions on accused.
9.

Ld. Advocate for applicant/accused submitted that
accused Rashid Latif Qureshi was granted bail by this court on
29.02.2024. On perusal of record, it appears that accused Rashid
Qureshi was granted regular bail in this crime. Therefore, on the
ground of parity present applicant/accused is entitled for bail.
10.

Applicant/accused is in jail from 16.02.2024 and no
purpose will be served by keeping him behind bar. It will take time
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to commence the hearing of the case. The applicant/accused is
ready to abide by terms and conditions imposed by the Court.
Applicant/accused is permanent resident of Gowandi, Mumbai. He
will not abscond. Hence, by imposing conditions applicant/accused
is entitled for grant of regular bail. Hence, application needs to be
allowed. Therefore, I proceed to pass following order :ORDER
1. Criminal Bail Application No.535 of 2024 filed by Applicant/
accused is allowed.
2.

Applicant/accused namely Shiva Basoraj Mantal, resident of
Govandi, Mumbai be released on regular bail on furnishing P. R.
Bond of Rs.15,000/- along with one surety in like amount in
connection with C.R. No. 60/2024 registered with Trombay Police
Station for the offence punishable under Sections 379, 411, 413
r/w 34 of the I.P.C. on following conditions :(a) The applicant/accused is directed to attend the concerned
police station on every Sunday in between 11:00 a.m. to 02:00
p.m. till filing of charge-sheet.
(b) The applicant/accused and his sureties shall provide their
respective residential addresses, mobile numbers and email
addresses, if any to investigation officer. The applicant/accused
shall intimate any such change in address or telephone number
and Email ID forthwith.
(c) The applicant/accused should not directly or indirectly make
any inducement, threat or promise to any person acquainted
with facts of case so as to dissuade them from disclosing the
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facts to Court or any Police Officer and should not tamper with
the evidence and prosecution witnesses.
(d) The applicant/accused shall not leave India without prior
permission of Sessions Court.
(e) Breach of any conditions by the the applicant/accused, shall
result in cancellation of bail.
3. Provisional cash bail of Rs.15,000/- is allowed to the
applicant/accused for period of 4 weeks to furnish surety from
the date of release.
4.

Bail before Ld. Trial Court.

5.

Criminal Bail Application No.535 of 2024 stands disposed off
accordingly.

Date : 05.03.2024
Dictated on
: 05/03/2024
Transcribed on : 11/03/2024
HHJ signed on : 11/03/2024
[A.S. SALGAR]
ADDITIONAL SESSIONS JUDGE
GREATER MUMBAI
(C.R. No.24)
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
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PRAJWALA V. PHODKAR
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Date of Pronouncement
JUDGMENT /ORDER
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JUDGMENT /ORDER signed by 11/03/2024
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JUDGMENT /ORDER uploaded 12/03/2024
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