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MHCC020102532022
IN THE COURT OF SESSIONS FOR GREATER BOMBAY
AT BOMBAY
CRIMINAL BAIL APPLICATION NO.1878 OF 2022
(CNR NO.MHCC020102532022)
Vijay Hemaji Chauhan
aged 50 years, R/o. Karbala Chawl,
Near Karbala Durga, Zopadi
Mandal, Mumbai
….Applicant/Accused
Vs.
The State of Maharashtra
At the instance of Bandra
Police Station
…. Respondent
Adv Dipak Vishwakarma for applicant/accused
APP Mr. Shankar Erande for State.
CORAM:
HH THE ADDL.SESSIONS JUDGE
SMT.C.V.PATIL
(Court Room No.27)
DATE :
20th August, 2022.
ORDER
1.
The said application is filed by accused Vijay Hemaji Chauhan and
requested to release him on regular bail u/s.439 of Cr.P.C. It is the
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submission of applicant/accused that he has been falsely implicated on
suspicion by the police. He has not committed any offence. Investigation is
completed. There is no reason to keep the accused behind bar for
uncertain period that is till conclusion of trial. With these ground accused
requested for bail.
2.
APP/I.O. filed reply at Exh.02. In that reply they have mentioned
criminal antecedents of accused and short summary of the allegations
against him. Lastly prosecution submitted that if accused released on bail
then he would commit similar kind of offence and would abscond.
3.
Crime no.480/2022 is registered at Bandra police station against
present accused alongwith others for the offence punishable under Section
399, 402 of the IPC r/w. Section 4, 25 of the Arms Act and Section 37(1),
135 of the Maharashtra Police Act. It is the allegation of prosecution that
the present accused alongwith others were making preparation to commit
dacoity. Accordingly the police have arrested before committing dacoity.
After arrest police have prepared panchanama and recovered weapons
found in possession of accused. The offences are triable by Sessions Court.
Certainly trial would take its own time. Coaccused is already released on
bail. However the objection that accused would abscond and would
commit similar kind of offence can be secured by imposing necessary
conditions on accused. There is one of the ground from the side of
prosecution that the accused have similar kind of criminal antecedent, that
shows that he is in habit to commit similar kind of offence. Though two
offences are already registered against accused which are of house
breaking theft, robbery etc., but the offences are yet to be proved against
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accused, regular bail cannot be denied on this ground. On the contrary, the
reasons which are for objection of bail can be secured by imposing
necessary conditions on accused. Accordingly following order is passed.
ORDER
1. Bail Application No.1878/2022 is allowed.
2. Applicant/accused Vijay Hemaji Chauhan be released on bail on his
executing PR bond of Rs.25,000/ (Rupees Twentyfive Thousand) with
one or more sureties of like amount.
3. The applicant to furnish ID proof, registered address, phone number
before Trial Court/I.O.
4. The applicant is directed to cooperate for investigation and to attend
the concerned police station once in a week on every Sunday between
10.00 a.m. to 12.00 p.m.
5. The applicant shall not leave India without prior permission of Trial
Court.
6. Applicant shall not tamper prosecution evidence in any manner.
7. Breach of any conditions by the applicant shall result in cancellation of
bail.
8. Thus, Bail Application No.1878/2022 stands disposed of.
20/08/2022
Date of Dictation
: 20/08/2022
Date of Transcription : 22/08/2022
Date of signature
: 22/08/2022
(Smt.C.V.Patil)
Addl.Sessions Judge,
City Civil & Sessions Court,
Gr. Mumbai
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE
ORIGINAL SIGNED JUDGMENT/ORDER.”
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Name of Stenographer
22/08/2022 5.30 p.m.
Mrs.M. S. Putta
Name of the Judge (With Court Room No.) HHJ Smt. C.V.Patil (CR
27)
Date
of
Pronouncement
JUDGEMENT /ORDER
of
20/08/2022
JUDGEMENT /ORDER signed by P.O. on
22/08/2022
JUDGEMENT /ORDER uploaded on
22/08/2022
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