B.A.877/2024
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MHCC020055622024
IN THE COURT OF SESSIONS FOR GREATER BOMBAY
AT BOMBAY
CRIMINAL BAIL APPLICATION NO.877 OF 2024
IN
C.R.NO.43 OF 2024
Mr. Sultan Mehboob Shaikh
Adult, Indian Inhabitant of
Mumbai, Residing at
B.M.C.Chawl, Juhu Lane,
Near Ram Mandir, Andheri
(West), Mumbai – 400 058
…Applicant
Vs.
State of Maharashtra
(Vakola Police Station,
through the Office of Public
Prosecutor for Greater
Mumbai)
CORAM:
…Respondent
HH THE ADDL.SESSIONS JUDGE
SHRI. V. M. SUNDALE
(Court Room No.27)
DATE : 08th April 2024
Shri Narayan P. Bhavsar, learned advocate for applicant.
Ms. Ratnavali Patil, learned APP for State/Respondent
ORDER
01.

The applicant Mr. Sultan Mehboob Shaikh has filed this
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application under Section 439 of the Code of Criminal Procedure for
granting bail in connection with Crime No.43/2024 registered with
Vakola Police Station, Mumbai for the offences punishable under
Sections 420, 406, 504, 506, 120(B) r/w. 34 of the Indian Penal Code,
on the allegations that the applicant and co-accused in furtherance of
their common intention assured to supply mobile handsets in less price,
committed criminal breach of trust and misappropriated Rs.50,00,000/belonging to the informant.
02.

The investigating officer through learned A.P.P. filed reply
(Exh.02) and opposed the application. It is contended that the offence is
serious and investigation is in progress. In the course of investigation it
is transpired that certain amount transferred to the account of present
applicant. In such circumstances, if the applicant released on bail there
is possibility of pressurizing the prosecution witnesses, committing
similar offence and fleeing away from justice. Hence, the investigating
officer prayed to reject the application.
03.

Heard Shri Narayan P. Bhavsar, learned advocate for
applicant and Ms. Ratnavali Patil, learned APP for the prosecution.
04.

I have carefully gone through record with reference to
submission of both the sides. On perusal of First Information Report it is
seen that the name of the applicant is not mentioned in it. It is further
seen that in the course of primary investigation the investigating officer
found that some misappropriated amount transferred to the account of
applicant. The applicant is added as accused in this crime on the above
ground. It further appears that after registration of offence, the
investigating officer arrested the applicant on 23/03/2024 and
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produced before the learned Metropolitan Magistrate. The applicant
was remanded to police custody till 30/04/2024 and then taken into
judicial custody. The main allegations regarding cheating and
misappropriation of amount are against co-accused Ashfaq Ali Shaikh.
In the course of police custody of the applicant nothing could be
recovered from the applicant. It further appears that bank account of
the applicant is already freezed. The offence under Section 420 of the
Indian Penal Code is punishable with imprisonment upto seven years
and offence under Section 406 of the Indian Penal Code is punishable
with imprisonment upto three years. The presence of the applicant is
not necessary for any purpose. In such circumstances, it will not proper
to keep the applicant behind bar for indefinite period. The apprehension
placed on record by the investigating officer can be taken care of by
imposing certain conditions. In the facts and circumstances of the case,
the applicant is entitled to release on bail. Hence, the following order is
passed.
ORDER
1.

Criminal Bail Application No.877 of 2024 is allowed.

2.

The applicant Sultan Mehboob Shaikh be released on bail in
Crime no.43/2024 registered in Vakola Police Station for the
offences under Section 420, 406, 504, 506, 120(B) r/w. 34 of the
of the Indian Penal Code on his executing P.R.Bond of Rs.25,000/(Rupees Twenty-Five Thousand) with one or two sureties of the
like amount.

3.

The applicant and his surety shall provide their respective mobile
numbers, e-mail address and documents pertaining to place of
residence.

4.

The applicant shall not directly or indirectly make any
inducement, threat or pressurize any person acquainted with the
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facts of the present case so as to dissuade him from disclosing
such facts to the Court.
5.

The applicant shall not leave India without prior permission of
the Court.

6.

The applicant is directed to attend the Vakola police station once
in a week i.e. on every Monday between 11.00 a.m. to 1.00 p.m.
till filing of charge-sheet and co-operate the investigating agency.

7.

Provisional cash bail in the like amount is allowed. The applicant
shall furnish surety within four weeks from the date of release
from jail, failing which the cash bail shall stand forfeited without
any separate order.

8.

Breach of any conditions by the applicant shall result in
cancellation of bail.

9.

Bail before learned Metropolitan Magistrate Court.

10.

Thus, Criminal Bail Application No.877 of 2024 stands disposed
of.

08/04/2024
Dictated on
: 08/04/2024
Transcribed on : 10/04/2024
Signed on
: 10/04/2024
(V. M. Sundale)
Addl. Sessions Judge,
City Civil & Sessions Court,
Gr. Mumbai
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CERTIFIED TO BE TRUE AND CORRECT COPY OF THE
ORIGINAL SIGNED JUDGMENT/ORDER.”
Upload Date
Upload Time
10/04/2024
1.15 p.m.

Name of Stenographer
Mrs. M.S. Putta
Name of the Judge (With C.R. No.)
Date
of
Pronouncement
JUDGEMENT /ORDER
HHJ Shri V.M.Sundale (C.R.No. 27)
of
08/04/2024
JUDGEMENT /ORDER signed by P.O.
on
10/04/2024
JUDGEMENT /ORDER uploaded on
10/04/2024