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B.A. 1614 OF 2022
MHCC020087602022
IN THE COURT OF SESSIONS FOR GREATER BOMBAY
BAIL APPLICATION No. 1614 OF 2022
Yasin Abdulla Shaikh
Aged : 20 years, Occ : Mechanic,
Sangam Nagar, Shanti Nagar,
Near Madina Masjid, Barkar Ali,
Wadala East, Mumbai 400 037
The State of Maharashtra
(Through DCB CID Unit 5,
Kurla vide Cr. No.16/2022)
… Applicant
Versus
… Respondent
Appearance :
Mr. Ravishankar Dwivedi, Advocate for applicant.
Mr. Lade, A.P.P. for respondent.
CORAM : SHRI. S.D. KULKARNI,
ADDITIONAL SESSIONS JUDGE,
COURT ROOM No. 30.
DATED : 13/09/2022.
ORDER
1.
This is an application filed by the accused u/sec.439 of
Criminal Procedure Code for releasing him on bail. in connection with
C.R.No.16/2022 registered with DCB CID Unit 5, Kurla, Mumbai for the
commission of offences punishable u/sec.302,307,102(B) 201 r/w 34 of
IPC and section 3,4,25 and 27 of Indian Arms Act.
2.
Perused the application, say filed by the prosecution. Heard
both advocates at length.
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3.
B.A. 1614 OF 2022
The advocate for the accused submitted that in the present
case charge sheet has been filed against all arrested accused. Therefore,
there is nothing to be investigated against the accused. The accused is
in judicial custody since long. The entire searches and seizure carried
out by prosecution but no sufficient material collected against the
accused so as to prove allegations against him. The advocate for the
accused further submitted that on perusal of FIR and statement of
witnesses it gets clear that accused has not assaulted any one, he had
not take part in the crime therefore, he was merely arrested being a
friend of coaccused.
4.
The advocate for the accused submitted that accused is a
mechanic and his entire family depends upon him. He belongs to poor
family therefore, accused submitted that he be release on bail.
5.
The prosecution opposed the application by submitting that
accused is a part of Kalim Sayyed (K. Company Gang). In confessional
statement the cloths of accused No.2 and accused No.5 seized from the
possession of the accused. Many similar crime registered against the
accused. Therefore, if accused release on bail possibility of threatening
prosecution witnesses. There is possibility of absconding the accused
can not be ruled out.
6.
I have gone through the copy of FIR, charge sheet,
statement of witnesses. All these facts shows that sufficient material
collected by the prosecution against the accused. So offence is serious in
nature. The allegation against the accused persons are serious. Present
accused No.7 is a member of gang of K. Company therefore, if accused
release on bail there is possibility of threatening the prosecution
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B.A. 1614 OF 2022
witnesses. The evidence collected by the prosecution is sufficient
therefore, in my opinion accused is not entitled to release on bail.
Considering this, I pass the following order :
ORDER
1]
Bail Application No.1614 of 2022 stands rejected.
2]
Bail Application No.1614 of 2022 is disposed off accordingly.
SANTOSH
DIGAMBAR
KULKARNI
Date : 13/09/2022.
Digitally signed
by SANTOSH
DIGAMBAR
KULKARNI
Date: 2022.09.16
15:45:38 +0530
( S.D. Kulkarni )
Additional Sessions Judge,
Gr. Mumbai.
Dictated on
Transcribed on
Signed by HHJ on
: 13.09.2022
: 14.09.2022
: 14.09.2022
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B.A. 1614 OF 2022
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
ORDER.”
15/09/2022
05.00 p.m.
UPLOAD DATE
TIME
J.S. Chavan
NAME OF STENOGRAPHER
Name of the Judge (With Court H. H. Additional Sessions Judge Shri.
Room No.)
S.D. Kulkarni,
Court Room No. 30.
Date of Pronouncement of ORDER 13/09/2022
ORDER signed by P.O. on
14/09/2022
ORDER uploaded on
15/09/2022