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MHCC020018052024
IN THE COURT OF SESSIONS FOR GREATER MUMBAI AT MUMBAI
BAIL APPLICATION NO. 260 OF 2024
Sinu Narsayy Padigela alias Shrinivas
… Applicant/accused
Vs.
The State of Maharashtra
(Through of Trombay. Police Station vide … Respondent/State
C.R. No. 16/2024)
Appearance :Mr. Divakar Rai, Ld. Advocate for Applicant/Accused.
Mr. O.S. Maraskolhe, Ld. APP for the Respondent/State.
CORAM : H. H. THE ADDL. SESSIONS JUDGE,
SHRI A.S. SALGAR (C.R. NO.24)
DATED : 13TH FEBRUARY, 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.16/2024 registered
with Trombay police station for the offence punishable under
Sections 3, 5 and 25 of Arms Act r/w 37(1)(A), 135 of Maharashtra
Police Act
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. The statement given by co-accused in police custody is
inadmissible in law and it is hit by Section 25 of the Evidence Act.
No purpose will be served by keeping applicant behind bar. The
applicant is ready to abide by any term and condition imposed by
the court. Hence, applicant/accused prayed for grant of regular bail
in connection with C.R. 16/2024 registered with Trombay police
station.
3.

The Investigation officer submitted reply at Exh.2 and
resisted the application on the ground that if bail is granted to
applicant/accused, then he will commit similar type of offence. He
will also tamper the evidence of prosecution. Lastly, investigating
officer prayed for rejection of bail application.
4.

Heard
Ld.

Adv.

Mr.

applicant/accused
and
Ld.

APP
Divakar
O.S.

Rai
for
the
Maraskolhe
for
Respondent/State.
5.

On the basis of the report lodged by informant namely
Pradeep Deshmukh, the Trombay police station registered the C.R.
No.16/2024 against accused persons for the offence punishable
under Section 3, 5 and 25 of Arms Act r/w 37(1)(A, 135 of
Maharashtra Police Act. It is alleged that on 13.01.2024 at about
20.25 hours, in front of Khandoba Temple, Maharashtra Nagar,
Mankhurd, Mumbai the accused Chetan Mali was illegally found in
possession with four firearms and four magazines alongwith eight
live cartridges. Hence, the report was lodged by informant against
accused Chetan Mali. In the course of investigation, it was revealed
that accused Chetan Mali has sold one firearm alongwith two live
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cartridges worth Rs.40,000/- to the present applicant/accused in
December 2023 and on the basis of disclosure statement the police
have arrested the present applicant/accused in this crime.
6.

It is to be noted that the name of applicant/accused is
not mentioned in FIR. The FIR has been lodged against accused
Chetan Mali. In FIR all allegation levelled against the principal
accused Chetan Mali that he was possessing four firearms and four
magazines alongwith eight live cartridges. In FIR there is no
allegation against applicant/accused that he was possessing any
firearm, magazine or live cartridge. The name of applicant/accused
is revealed in the course of investigation. During the course of
investigation with principal accused Chetan Mali it was revealed
that he sold one firearm alongwith two live cartridges to applicant.
Co-accused Chetan Mali was caught at the spot and he was carrying
firearms, magazines and live cartridges. The investigating officer
recovered the same firearms, magazines and live cartridge from the
possession of co-accused. In my view, merely on the basis of
disclosure statement of co-accused, applicant/accused cannot be
held guilty for the alleged offence.
7.

In present case firearms, magazines and live cartridges
were already seized by the investigating officer. Nothing is required
to
be
seized
from
applicant/accused
is
the
ready
possession
and
of
the
accused.

willing
to
co-operate
The
to
investigating machinery. There is no criminal antecedent against
applicant/accused. Therefore, applicant/accused is entitled to be
released on bail. The applicant/accused is in jail from 15.01.2024.
No purpose will be served by keeping him behind bar. Except
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offence under Sections 3, 5 and 25 of Arms Act, remaining offences
are bailable. Alleged offence is triable by Ld. Metropolitan
Magistrate. Therefore, applicant/accused is entitled for grant of
regular bail by imposing terms and conditions. Hence, application
needs to be allowed. Therefore, I proceed to pass following order :ORDER
1.

Criminal
Bail
Application
No.260
of
2024
filed
by
Applicant/accused is allowed.
2.

Applicant/accused namely Sinu Narsayy Padigela alias
Shrinivas, resident of Shivaji Nagar, Mumbai be released on
regular bail on furnishing P. R. Bond of Rs.15,000/- along
with one or more sureties in like amount in connection with
C.R. No. 16/2024 registered with Trombay Police Station for
the offence punishable under Sections 3, 5 and 25 of Arms
Act r/w 37(1)(A), 135 of Maharashtra Police Act 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
03:00 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 facts to Court or any Police Officer and should
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not tamper with the evidence and prosecution witnesses.
(d) The applicant/accused shall not leave India without prior
permission of Ld.Trial 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.260 of 2024 stands disposed off
accordingly.

Date : 13.02.2024
Dictated on
: 13/02/2024
Transcribed on : 13/02/2024
HHJ signed on : 14/02/2024
[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.”
Upload Date
Upload Time
14/02/2024 5.15 p.m.

Name of Stenographer
PRAJWALA V. PHODKAR
Name of the Judge (With Court HHJ SHRI. A.S. SALGAR (CR 24)
Room No.)
Date of Pronouncement
JUDGMENT /ORDER
of 13/02/2024
JUDGMENT /ORDER signed by 14/02/2024
P.O. on
JUDGMENT /ORDER uploaded 14/02/2024
on