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MHCC020025082024
IN THE COURT OF SESSIONS FOR GR. BOMBAY
CRIMINAL BAIL APPLICATION NO. 355 OF 2024
Wasim Raja Abdul Razak Memon
Age 40 years, Occ: Business,
R/at:- 14, Dhanani Park,
2 Memon Colony, Ajwa Road,
Badoda, Gujarat.

..Applicant/accused No.3
Versus
The State of Maharashtra
At the instance of MRA Marg
Police Station, Mumbai.
(Crime No.340 of 2023)
…Respondent/State
Coram : Dr. Shri S. D. Tawshikar
(Court No. 10)
Heard on : 20.02.2024
Decided on : 20.02.2024
Appearance:
Ld. Adv. Mr. A. Karim Pathan for the applicant/accused
Ld APP Shri Ajit Chavan for the respondent/State.
ORDER
(Dictated and pronounced in open court)
This is first regular bail application filed, under Section 439 of
Code of Criminal Procedure, 1973 (“CrPC” in short), before charge-sheet, in
in connection with C.R.No. 340 of 2023, registered with MRA Marg Police
Station for an offence punishable under sections 505(1)(B), 505(2) and 506
(2) of the Indian Penal Code, 1860 (“IPC” in short).

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2.

BA 355/2024
Perused application and reply (Exhibit-02) filed by the State. Heard
both sides at length. It is alleged that the accused, in connivance with each
other, had sent hoax email thereby threatening to bomb blast various public
places in Mumbai.
3.

Mr. A. Karim Pathan learned advocate of applicant/accused No.3.

He submits that there is limited allegations against present applicant that he
had taken SIM Card from Aadil (A-2) and handed it over to Arshil (A-1).
However, there is nothing on record to show that the SIM Card was actually
given to present applicant and it was further handed over to Arshil (A-1),
who is alleged to have drafted and sent hoax email.
4.

Mr. Pathan submits that applicant belongs to poor family and he
runs a small Pan Stall. Applicant is illiterate and therefore it not possible that
he would indulge in act of sending threat e-mail in English threats as alleged
in the FIR. He further submits that there are no criminal antecedents of the
applicant. Investigation is practically over. Applicant is arrested on
27.12.20223. He has recently undergone Eye surgery. He ultimately prays to
release applicant/accused on bail.
5.

Per contra Mr. Ajit Chavan, the Ld APP, strongly objects application
by filing detail reply. He submits that role of present applicant/accused is
disclosed during course of investigation. The present applicant has played
specific role in the offence as he supplied SIM Card to accused No.1. Said sim
card/mobile number is connected to offending E-mail account, from which
threat E-mail is received by informant.
6.

The Investigating Officer is also present. On query by this Court, he
has fairly conceded that applicant is having no criminal antecedents. He also
submits that hoax email was in English and it sent to authority.

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BA 355/2024
It needs to be noted that co-accused namely Aadil Mailk (A-2) is
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already released on bail. From the investigation conducted so far, it appears
that role played by present applicant is limited to the extent of taking SIM
Card from Aadil (A-2) and handing it over to Arshil (A-1). It appears that the
applicant is not much literate that he would sent email in English or even to
understand English. Applicant is behind bars since 27.12.2023. There is no
criminal antecedents to present applicant. Investigation officer has got ample
opportunity to investigate matter.
Considering the facts and circumstances of the matter and the role
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apparently attributed to the present applicant, I find further detention of
applicant is unwarranted. I find that it would be just and proper to exercise
discretion under section 439 of Cr.P.C, subject to certain conditions. Hence, I
pass following orderORDER
A]
The Criminal Bail Application No. 355 of 2024 is allowed.

B]
The applicant Wasim Raja Abdul Razak Memon be released
on bail in connection with C.R.No. 340 of 2023, registered with
MRA Marg Police Station for an offence punishable under sections
505 (1)(B), 505(2) and 506 (2) of the Indian Penal Code, 1860,
on his executing P. R. of Rs.20,000/- (Twenty thousand)
along-with one surety in like amount with the conditions
that ;
i)
Applicant to attend MRA Marg Police Station as and when
called by Investigating Officer, on written intimation, until
filing of the chargesheet or for next two months, whichever is
earlier.

ii)
He shall not directly or indirectly make any inducement,
threat or promise to any person acquainted with the facts of
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BA 355/2024
the case so as to dissuade him from disclosing such facts to
the court or to tamper with the evidence.
iii)
He shall furnish two documents as to proof of his residence
with his active phone number to the concerned police station
within 7 days after his release from the jail.

iv)
C]
He shall not commit any criminal act while on bail.

Breach of any condition shall entail the consequences of
cancellation of the bail.

D]
The accused to furnish the bail before the Ld. trial court.

E]
The Bail Application is disposed of accordingly.

Date :20.02.2024
Dictated on
Transcribed on
Corrected on
Singed on
: 20.02.2024
: 23.02.2024
: 24.02.2024 (AOH)
: 26.02.2024
(Dr. S. D. Tawshikar)
Additional Sessions Judge,
City Civil Court, Gr. Mumbai
C.R.No.10
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BA 355/2024
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE AND TIME
26-02-2024 at 02:00p.m
NAME OF STENOGRAPHER
Mr. Gopal N. Sutar
Name of the Judge
(with Court Room No.)
Date of
ORDER
Pronouncement
Dr. S.D. Tawshikar
C.R. No.10
of
JUDGMENT/ 20-02-2024
JUDGMENT/ORDER signed by P. O. on
26-02-2024
JUDGMENT/ORDER uploaded on
26-02-2024