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Cri.BA No.37/2024
MHCC020002162024
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.37 OF 2024
Applicant :
Vasim Shamasulah Chowdhary
Age : 47 years, R/o : Room No.3/4/5, Azad
Nagar, J.B. Road, Sewree, Mumbai-400 015
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 applicant/accused Vasim Shamasulah Chowdhary on bail in
Crime No.35/2022 for the offence punishable under Sections 457 and
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 19.02.2022, complainant
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Dr. Chirag Bharat Parmar has given report/complaint. He alleged that
he is Doctor by profession and having Sammyak Eye Clinic at 1 st floor,
101, 102, Sukhsagar Building, N. S. Patankar Marg, Mumbai. On
18.02.2022, at about 7.30 p.m. he has closed the clinic. On 19.02.2022,
in the morning at 8.15 a.m. he found that unknown thieves have broke
open the iron bar of the window of clinic and stolen cash of Rs.9 lakh
which was kept in the cupboard of clinic.
4.

According to prosecution, while the accused was in custody
in Crime No.475/2023 registered with Gamdevi Police Station, it
revealed that he has committed offence in the present Crime
No.35/2022. During the investigation, accused has given discloser
statement and shown the spot of incident
and as per his discloser
statement, the weapons – Katavani, pliers, two Hexa-blades which were
used in commission of offence; recovered.
5.

Accused is involved in Crime No.280/2023, Crime
No.277/2023, No.475/2023 and present Crime No.35/2022. All these
crimes are for the same offence registered in Gamdevi Police Station. So
also he is involved in Crime No.270/2007 and 103/2014 for the offence
of theft, registered with Azad Maidan Police Station. Further, he is
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.
6.

Learned counsel of accused argued that accused is falsely
implicated in this crime. Accused is not concerned with the recovered
articles. Police have arrested the accused only on suspicion. Custodial
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Cri.BA No.37/2024
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 applicant/accused. He is
in jail since 22.12.2023.
7.

Learned APP argued that accused is habitual thief. Above
mentioned several crimes are pending against him. Considering his
criminal antecedents, he will commit such type of offence if released on
bail. Accused being habitual offender, he will pressurize prosecution
witnesses. He not permanent resident of Mumbai and therefore he will
abscond.
8.

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 which he has been charged and other
circumstances such as possibility of fleeing away from the jurisdiction of
the Court etc.
9.

In the present case, previous crimes for the same type of
offence is pending against accused. However, prosecution has not made
it clear whether accused is convicted in any of the cases. Mere pending
of criminal case does not being that accused is habitual offender. It
seems that most of the investigation is completed. Accused is in jail
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Cri.BA No.37/2024
from 22.12.2023.
10.

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.37 of 2024 is allowed as under.

2. Applicant/accused Vasim Shamasulah Chowdhary is released on bail
in Crime No.35/2022 for the offence punishable under Sections 457,
380 r/w 34 of Indian Penal Code, registered with Gamdevi Police
Station, Mumbai; subject to conditions as under.
i) Applicant shall execute a personal bond for a sum of Rs.20,000/- with
one or two sureties in the like amount.
ii) Applicant shall not tamper with any of the prosecution witnesses,
directly or indirectly.
iii) Applicant 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) Applicant shall not misuse his liberty.
v) Applicant shall furnish his detailed address and mobile number to
the investigation officer and the concerned court. In case, applicant
changed his 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
15:03:33 +0530
(N.P. Tribhuwan)
Additional Sessions Judge,
CR.No.23, Gr. Mumbai.

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Cri.BA No.37/2024
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