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MHCC020035262024
IN THE COURT OF SESSIONS FOR GREATER MUMBAI AT MUMBAI
BAIL APPLICATION NO. 534 OF 2024
1. Wahid Mehboob Khan
… Applicants/accused
2. Sabar Ajmeri Shaikh
Vs.
The State of Maharashtra
(Through of Trombay Police Station vide … Respondent/State
C.R. No. 60/2024)
Appearance :Ms. Sneha Satve, 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 applicants/accused under
Section 439 of the Code of Criminal Procedure, 1973, for releasing
them 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 applicants/accused submitted that they are
innocent and have not committed any offence. It is submitted that
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on plain reading of allegation, there is no ingredients of the offence
under Section 411 and 413 of I.P.C. Applicants/accused are falsely
implicated in this case. Applicants/accused have fully co-operated
to investigating officer in investigation. Applicants/accused are
ready to abide by any terms and conditions imposed by the Court.
Hence, applicants/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
B.A. No.533/2024 at Exh.2 and said common say be considered in
this bail application. 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.

Ms.

Sneha
Satve
for
the
applicants/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 names of applicants/accused
are not mentioned in FIR. The FIR has been lodged against
unknown
persons.

The
only
allegation
levelled
against
applicants/accused is that they were carrying stolen property i.e.
iron crips, iron bars, iron pipes and iron platform and police
apprehended them. The remand report shows that 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 applicants/accused is
not required. Hence, applicants/accused are entitled for grant of
regular bail.
7.

It is argued by Ld. A.P.P. that there are criminal
antecedents against applicants/accused. Therefore, he prayed for
rejection of bail application. In my view, merely because other
crimes are registered against accused, only on that count bail
cannot be refused to him. Court can impose stringent conditions on
accused.
8.

Ld. Advocate for applicant/accused submitted that
accused Rashid Latif Qureshi was granted bail by this court on
29.02.2024. On perusal of record, it appears that accused Rashid
Qureshi was granted regular bail in this crime. Therefore, on the
ground of parity present applicants/accused are entitled for bail.
9.

Applicants/accused are in jail from 14.02.2024 and no
purpose will be served by keeping them behind bar. It will take time
to commence the hearing of the case. The applicants/accused are
ready to abide by terms and conditions imposed by the Court.

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Applicants/accused are permanent resident of Mumbai. They will
not abscond. Hence, by imposing conditions applicants/accused are
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.534 of 2024 filed by Applicant/
accused is allowed.
2. Applicants/accused namely 1)Wahid Mehboob Khan, resident of
Govandi (West), Mumbai and 2) Sabar Ajmeri Shaikh, resident of
Mankhurd, resident of Mankhurd (West), Mumbai be released on
regular bail on furnishing P. R. Bond of Rs.15,000/- each along with
one surety in like amount each 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 applicants/accused are 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 applicants/accused and their sureties shall provide their
respective residential addresses, mobile numbers and email
addresses,if any to investigation officer. The applicants/accused
shall intimate any such change in address or telephone number
and Email ID forthwith.
(c) The applicants/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
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the evidence and prosecution witnesses.
(d) The applicants/accused shall not leave India without prior
permission of Sessions Court.
(e) Breach of any conditions by the the applicants/accused,
shall result in cancellation of bail.
3. Provisional cash bail of Rs.15,000/- each is allowed to the
applicants/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.534 of 2024 stands disposed off
accordingly.

Date : 05.03.2024
Dictated on
: 05/03/2024
Transcribed on : 11/03/2024
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
Upload Time
12/03/2024 12.30 p.m.

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
P.O. on
JUDGMENT /ORDER uploaded 12/03/2024
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