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MHCC020018052024
IN THE COURT OF SESSIONS FOR GREATER MUMBAI AT MUMBAI
BAIL APPLICATION NO. 352 OF 2024
Sunil Anil Madiwala Alias Barkiya
… Applicant/accused
Vs.
The State of Maharashtra
(Through of R.C.F.. Police Station vide
C.R. No. 56/2024)
… Respondent/State
Appearance :Mr. Naresh Lalchandani, 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 : 17TH 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.56/2024 registered
with R.C.F. police station for the offence punishable under Sections
379, 511 r/w 34 of I.P.C. and Section 15 of Petroleum and Mineral Pipe
Line (Acquisition of Right of User and Land), 1962 Act.

2.

The applicant/accused submitted that he is innocent
and has not committed any crime. There is delay in lodging F.I.R.
The applicant is in custody from last five days. No purpose will be
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served by keeping applicant behind bar. The 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. 56/2024 registered with R.C.F. police station.
3.

The Investigation officer submitted reply at Exh.2 and
resisted the application on the ground that applicant/accused has
attempted to cause damage to public property of Government and
attempted to steal diesel. Applicant/accused has committed crime
by making conspiracy with other accused persons. 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. Naresh Lalchandani for the
applicant/accused
and
Ld.

APP
O.S.

Maraskolhe
for
Respondent/State.
5.

As per the case of prosecution on 17.01.2024 the
unknown persons were found tampering the main C-2 SSD Line
Pipe attached to iron pipeline of B.P.C.L. with help of one plastic
pipe. Attempt was made to steal the diesel. Unknown person
attempted to commit offence of theft. It was also alleged that the
damage was caused to the property. I have gone through the F.I.R.
The F.I.R. has been lodged against unknown persons. As per F.I.R.
the incident was occurred between 15.12.2023 to 17.01.2024. The
F.I.R. was lodged on 18.01.2024. Thus there is delay in lodging
report. Delay is not explained in F.I.R. The applicant/accused was
arrested on 5.02.2024. Nothing has been recovered at the instance
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of applicant/accused. No incriminating article has been collected by
the investigating officer. Prima facie it appears that investigation in
respect of aforesaid crime is completed to the instance of
applicant/accused and hence, he is entitled to be released on bail.
6.

It is argued by prosecution that accused is having
criminal antecedents. It is submitted that four crimes are registered
against applicant/accused at police station. One crime is registered
at Telangana State and hence bail be rejected. However, it is
material to note that in all these crimes the applicant/accused was
released on bail.

Merely because there are other crimes are
pending against applicant/accused, only on that count bail cannot
be denied to the applicant/accused. Therefore, merely on the
ground of criminal antecedent, bail cannot be refused to the
applicant/accused.
7.

In view of aforesaid discussion, I am of the view that as
the investigation of the crime is practically completed, the
applicant/accused is entitled to be released on bail. It will take
time to commence trial of the case. 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.352
of
2024
filed
by
Applicant/accused is allowed.
2.

Applicant/accused namely Sunil Anil Madiwala Alias Barkiya,
resident of Chembur, Mumbai be released on regular bail on
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furnishing P. R. Bond of Rs.50,000/- along with one or more
sureties in like amount in connection with C.R. No. 56/2024
registered with R.C.F. Police Station for the offence punishable
under Sections 379, 511 r/w 34 of I.P.C. and Section 15 of
Petroleum and Mineral Pipe Line (Acquisition of Right of User and
Land), 1962 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 not tamper with the
evidence and prosecution witnesses.
(d) The applicant/accused shall not commit similar type of offence
and shall not misuse the liberty granted to him.
(e) The applicant/accused shall not leave India without prior
permission of Sessions Court.
(f) Breach of any conditions by the the applicant/accused, shall
result in cancellation of bail.
3.

Provisional
cash
bail
of
Rs.50,000/-
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.

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5.

Criminal Bail Application No.352 of 2024 stands disposed off
accordingly.

Date : 17.02.2024
Dictated on
: 17/02/2024
Transcribed on : 20/02/2024
HHJ signed on : 21/02/2024
[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
21/02/2024 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 17/02/2024
JUDGMENT /ORDER signed by 21/02/2024
P.O. on
JUDGMENT /ORDER uploaded 21/02/2024
on