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Cri.BA No.36/2024
MHCC020002152024
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.36 OF 2024
Applicants :
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 Applicants.
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.475/2023 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
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APP for the State. Perused Bail Application, say/reply and documents.
3.

It is case of prosecution that on 30.11.2023, informant
Nagesh Gopal Bangera has given complaint in Police Station. He alleged
that he is Supervisor in Forem Engineering Pvt. Ltd. The office of said
business is at 4th Floor, Flat No.402, Mahalaxmi Chambers, B.D. Road,
Mumbai. On 02.12.2023 at 6.00 p.m. informant has closed the said
office as usual. On the next day, there was Sunday and therefore office
was closed. On 04.12.2023, informant went at the office at 9.00 a.m.
and found that the door of the cabin of employer was in opened
condition. After verifying the articles, he realized that cash of
Rs.1,97,800/- and four God idol of Rs.70,000/- (total Rs.2,67,800/-)
came to be stolen by unknown.
4.

According to prosecution, on 19.12.2023 as per secret
information, the police have caught accused in Kalamboli, Navi Mumbai
area. During the investigation, it transpired that they have committed
this crime. Accused are involved in Crime Nos.280/2023, 35/2023 and
Crime No.277/2023 and present Crime No.475/2023. 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. Accused are not concerned with the recovered
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Cri.BA No.36/2024
articles i.e. screwdriver, wooden hammer, Pliers, Hexa Blade 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 applicant/accused. They
are in jail since 19.12.2023.
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 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
offence are pending against accused. However, prosecution has not
made it clear whether accused are convicted in any of the cases. Mere
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Cri.BA No.36/2024
pending of criminal case does not being that accused is habitual
offender. In this case, above mentioned muddemal has been recovered
from the accused. It seems that most of the investigation is completed.
Accused are in jail from 19.12.2023.
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.36 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.475/2023 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.

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Cri.BA No.36/2024
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.
4.

Bail before learned trial court.
Inform to learned trial court.

Date : 08.01.2024.

Digitally signed
by NITIN
PUNJAJI
NITIN
TRIBHUWAN
PUNJAJI
TRIBHUWAN Date:
2024.01.09
15:02:58 +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