Cri.BA No.34/2024 MHCC020002132024 IN THE COURT OF CITY CIVIL AND SESSIONS AT GRATER BOMBAY COURT ROOM NO.23 (Presided over by Shri N. P. Tribhuwan, Additional Sessions Judge)
CRIMINAL BAIL APPLICATION NO.34 OF 2024 Applicant :

1. Vasim Shamasulah Chowdhary
Age : 47 years, R/o : Room No.3/4/5, Azad
Nagar J.B. Road, Sewree, Mumbai-400 015

2. Zulfikar Bhondu Khan
Age : 37 years, R/o : Room No.423, Railway
line Jakariya Bunder, T. J. Road, Bamari
Building Sewree, Mumbai-400 15

VERSUS

Respondent :

The State of Maharashtra Gamdevi Road Police Station

Ms. Shagupta Shaikh, learned Advocate for Applicant. Mrs. Ranjana Budhwant, learned APP for the State/respondent. ORDER (Delivered on 08/01/2024)

This is an application under Section 439 of Cr.P.C. for releasing applicants/accused No.1 Vasim Shamasulah Chowdhary and No.2 Zulfikar Bhondu Khan on bail in Crime No.277/2023 for the
offence punishable under Sections 457, 454, 380 r/w 34 of Indian Penal Code, registered with Gamdevi Police Station, Mumbai.

2.Heard learned Counsel for applicant/accused and learned APP for the State. Perused Bail Application, say/reply and documents.

3.It is case of prosecution that on 20.09.2023, informant Jyotin Jaysukhlal Doshi has given complaint in Police Station. He alleged that he is doing business of Tours and Travels. His Office is at Gems Tours and Travels, 54 Hughes Road, Mani Bhavan, Ground Floor in front of Dharam Palace, Gamdevi, Mumbai. Between 1.00 p.m. of 19.09.2023 to 10.00 a.m. of 20.09.2023 unknown thieves have broke open the shutter of his office and stolen two laptops and three desktops and cash of Rs.4,500/- (total Rs.66,000/-) from the said office.

4.According to prosecution, in another Crime No.475/2023, accused Mohd. Wasim Shamashulhuq Choudhary and Zulfikar Bhondu Khan were arrested and during the investigation of that crime, they
disclosed that they have committed the offence of theft in Crime No.280/2023. Accused are involved in Crime No.475/2023, 280/2023, 35/2023 and present Crime No.277/2023. All these crimes are for the
same offence registered in Gamdevi Police Station. So also they are involved in Crime No.270/2007 and 103/2014 for the offence of theft, registered with Azad Maidan Police Station. Further, they are involved
in the Crime Nos.124/2007, 127/2007, 230/2007, 131/2007, 132/2007, 127/2008, 131/2008, 124/2004 for offence punishable u/sec. 454, 457, 380 r/w 34 of IPC registered with DCB CID and Crime No.85/2019 registered with D.B. Marg Police Station.

5.Learned counsel of accused argued that accused are falsely implicated in this crime. As per complaint, two laptops and two desktops computer were reported stolen and was later found by
complainant at his own office. Accused have no concerned with the stolen articles and cash. Police have arrested the accused only on suspicion. Custodial interrogation and investigation has been completed and theft articles are recovered. Hence, no further custody of accused is required.

Nothing is recovered at the instance of present applicants/accused. They are in jail since 22.12.2023.

6.Learned APP argued that accused are habitual thieves. Above mentioned several crimes are pending against them. Considering their criminal antecedents, they will commit such type of offence if
released on bail. Accused being habitual offender, they will pressurize prosecution witnesses. They are not permanent resident of Mumbai and therefore they will abscond.

7.Learned counsel of applicant relied on case law of Maulana Mohd. Amir Rashadi Vs. State of U.P. and another : 2012(1) SCC (Cri) 681 wherein bail allowed after two years of arrest. Bail was opposed on
the ground that accused was facing several criminal cases and most of the cases ended in acquittal for want of proper business are pending trial. Hon’ble High Court has granted bail and observed that merely on the basis of criminal antecedent, the claim of second respondent cannot be rejected. In other words, it is the duty of the Court to find out the roll of the accused in the case in offence which he has been charged and other circumstances such as possibility of fleeing away from the jurisdiction of
the Court etc.

8.In the present case, previous crimes for the same type of are pending against accused. However, prosecution has not made it clear whether accused are convicted in any of the cases. Mere pending of criminal case does not being that accused is habitual offender. In this case, the laptops and desktops were not stolen. But only cash of Rs.4500/- case to be stolen. Some of Rs.1500/- has been recovered as the discloser statement of accused. It seems that most of the investigation is completed. Accused are in jail from 22.12.2023.

9.In view of above case law, nature of offence, punishment provided to the offence leveled against accused and facts of the present case, it is desirable to release accused on bail. Hence, I pass following
Order.

ORDER

1.Criminal Bail Application No.34 of 2024 is allowed as under.

2. Applicants/accused No.1 Vasim Shamasulah Chowdhary and No.2 Zulfikar Bhondu Khan are released on bail in Crime No.277/2023 for the offence punishable under Sections 457, 454, 380 r/w 34 of Indian Penal Code, registered with Gamdevi Police Station, Mumbai; subject to conditions as under.

i) Applicants shall execute a personal bond for a sum of Rs.20,000/- each with one or two sureties in the like amount.

ii) Applicants shall not tamper with any of the prosecution witnesses, directly or indirectly.

iii) Applicants shall co-operate with the investigation agency and shall attend the concerned police station on every Monday between 10.00 a.m. to 1.00 p.m. till filing of charge-sheet.

iv) Applicants shall not misuse their liberty.

v) Applicants shall furnish their detailed address and mobile number to the investigation officer and the concerned court. In case, applicant changed their residence/address and mobile number, she shall furnish the same to the I.O and concerned court.

3.Bail before learned trial court.

4.Inform to learned trial court.

Date : 08.01.2024. NITIN PUNJAJI TRIBHUWAN Digitally signed by NITIN PUNJAJI TRIBHUWAN Date: 2024.01.09 15:02:09 +0530 (N.P. Tribhuwan) Additional Sessions Judge, CR.No.23, Gr. Mumbai. Direct dictated on : 08.01.2024 Checked on : 08.01.2024 Signed on : 08.01.2024 “CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED JUDGMENT/ORDER” 09.01.2024 at 3.00 p.m. UPLOAD DATE AND TIME Mrs. K.S.Bhosale NAME OF STENOGRAPHER Name of the Judge (With Court Room HHJ SHRI N. P. TRIBHUWAN No.) (C.R.No.23) Date of Pronouncement of JUDGMENT 08.01.2024 / ORDER
JUDGMENT/ORDER signed by P.O. on 08.01.2024 JUDGMENT/ORDER uploaded on 09.01.2024