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MHCC020035272024
IN THE COURT OF SESSIONS FOR GREATER MUMBAI AT MUMBAI
BAIL APPLICATION NO. 533 OF 2024
Vasiullah Sanaullah Khan
… Applicant/accused
Vs.
The State of Maharashtra
(Through of Trombay Police Station vide … Respondent/State
C.R. No. 60/2024)
Appearance :Mr. Zoheb Shaikh, Ld. Advocate for Applicant/Accused.
Mr. Sachin Patil, Ld. APP for the Respondent/State.
CORAM : H. H. THE ADDL. SESSIONS JUDGE,
SHRI A.S. SALGAR (C.R. NO.24)
DATED : 5TH MARCH, 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.60/2024 registered
with Trombay police station for the offence punishable under
Sections 379, 411, 413 r/w 34 of I.P.C.
2.

The applicant/accused submitted that he is innocent
and has not committed any offence. He has been falsely implicated
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in this case. The applicant has no connection with co-accused.
Further custody of applicant/accused is not required. The
investigation is almost completed. There exist no material recovery,
wherein the prolong detention of applicant/accused is necessary.
Applicant is ready to co-operate the investigating machinery. Hence,
applicant/accused prayed for grant of regular bail in connection
with C.R. 60/2024 registered with Trombay police station.
3.

The investigation officer submitted common reply in at
Exh.2 and submitted that this common say be considered in other
bail application i.e. B.A. No.535/2024 and B.A. No.534/2024.
Investigating officer contended that in this case, five accused
persons are arrested and out of them one is juvenile-in-conflict with
law. Investigating officer has recorded statement of 12 drivers.
Previously also the arrested accused Rashid Qureshi has received
stolen property. If bail is granted to applicant/accused, then he will
threaten to the witnesses. Hence, investigating officer prayed for
rejection of bail application.
4.

Heard
Ld.

Adv.

Mr.

Zoheb
Shaikh
for
the
applicant/accused and Ld. APP Sachin Patil for Respondent/State.
5.

Complainant namely Gajendra Kadam, has lodged
report at Trombay police station under Section 379 of I.P.C. against
unknown accused persons on the ground that on 13.02.2024 near
Khandoba temple, Maharashtra Nagar, Mumbai unknown persons
stolen iron crips worth Rs.2,40,000/- which were brought for Metro
Project without consent of security guard.

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6.

It is to be noted that the name of applicant/accused is
not mentioned in FIR. The FIR has been lodged against unknown
persons. The only allegation against applicant/accused is that he is
Tempo Driver and arrived at spot only through Porter App. The
name of applicant/accused is disclosed on the basis of confession
statement of co-accused. Remand Report dated 17.02.2024 filed on
record is not showing any recovery from present applicant/accused
in connection of this crime. In my view further custody of
applicant/accused is not required.
7.

In present case the police have arrested five accused
persons in this crime. The stolen property worth Rs.2,40,000/- i.e.
iron crips and Eicher Tempo, 5 plates of iron shutter, iron bars, iron
pipes and iron platform were already recovered. Practically
investigation of the crime is completed. Therefore detention of
applicant/accused is not required. Hence, applicant/accused is
entitled for grant of regular bail.
8.

It is argued by Ld. A.P.P. that there are criminal
antecedents against applicant/accused. It is submitted that the
applicant is having criminal antecedents. Therefore, he prayed for
rejection of bail application. On the contrary Ld. Advocate for
applicant/accused submitted that accused Rashid Latif Qureshi was
granted bail by this court on 29.02.2024. It is argued that criminal
antecedent of applicant/accused is not ground to deny bail to
applicant/accused. Stringent conditions can be imposed. Therefore,
on the ground of parity present applicant/accused is entitled for
bail. In support of his submission, he placed reliance upon rulings
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of Hon’ble Bombay High Court in case of Raosaheb Patole V/s. The
State of Maharashtra, in Criminal Bail Application No.373 of 2011.
9.

Applicant/accused is in jail from 14.02.2024 and no
purpose will be served by keeping him behind bar. It will take time
to commence the hearing of the case. The applicant/accused is
ready to abide by terms and conditions imposed by the Court.
Applicant/accused is permanent resident of Kurla (W), Mumbai. He
will not abscond. Hence, by imposing conditions applicant/accused
is entitled for grant of regular bail. Hence, application needs to be
allowed. Therefore, I proceed to pass following order :ORDER
1. Criminal Bail Application No.533 of 2024 filed by Applicant/
accused is allowed.
2. Applicant/accused namely Vasiullah Sanaullah Khan, resident of
Kurla Khadi, Near Hari Masjid, Agra Road, Sarang Chawl- Kurla
(West), Mumbai be released on regular bail on furnishing P. R. Bond
of Rs.15,000/- along with one surety in like amount in connection
with C.R. No. 60/2024 registered with Trombay Police Station for
the offence punishable under Sections 379, 411, 413 r/w 34 of the
I.P.C. 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 02:00
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
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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 leave India without prior
permission of Sessions Court.
(e) Breach of any conditions by the the applicant/accused,
shall result in cancellation of bail.
3. Provisional cash bail of Rs.15,000/- 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.
5. Criminal Bail Application No.533 of 2024 stands disposed off
accordingly.

Date : 05.03.2024
Dictated on
: 05/03/2024
Transcribed on : 07/03/2024
HHJ signed on : 11/03/2024
[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
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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 05/03/2024
JUDGMENT /ORDER signed by 11/03/2024
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JUDGMENT /ORDER uploaded 12/03/2024
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