Bail Application No.1053/2022.
MHCC020060142022
IN THE COURT OF ADDITIONAL SESSIONS JUDGE MUMBAI,
AT GR. MUMBAI
CRIMINAL BAIL APPLICATION NO. 1053 OF 2022.
IN
C.R. NO. 328 OF 2022.
Yasmin Pasha Shaikh
… Applicant.
Vs.
The State of Maharashtra,
(At the instance of Kurla Railway Police
Station, Mumbai, Vide C.R.No. 328/2022.)
…Respondent.
Appearances :
Ld. Adv. Mr. Vijay P. Agale for the Applicant.
Ld. APP. Mr. Sukhdeve for the State/Respondent.
CORAM : H.H. THE ADDITIONAL SESSIONS JUDGE
DR. A. A. JOGLEKAR (C.R.NO.37)
DATED : 15TH JULY, 2022
ORAL ORDER
By this application the applicant Yasmin Pasha Shaikh
being accused in C.R.No. 328/2022 registered with Kurla Railway
Police Station for the offences punishable under Sections 392 of the
Indian Penal Code, (hereinafter referred to as, “IPC”) seeks bail under
Section 439 of the Code of Criminal Procedure, 1973 (In short, “CrPC”).
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Bail Application No.1053/2022.
THE CASE OF PROSECUTION IN SHORT ENSUES AS UNDER;
2.
It is alleged that as on 10.04.2022 at about 17.00 hours the
informant had traveled towards Bhayandar from CSMT and the said
train was about to depart from platform No. 4 of Kurla Railway Station,
wherein the Mangalsutra of the informant was snatched by an unknown
lady. Upon investigation it revealed that, the CCTV Footage showed the
applicant/accused. Accordingly, she was arrested and an offence under
Section 392 of IPC was registered.
3.
The Ld. Advocate for applicant/accused states that, the
applicant/accused is falsely implicated and has no concern with the
present crime.
It is further stated that, the offence was initially
registered against an unknown lady and after a period of nine days the
applicant was arrested.
It is further stated that, nothing has been
recovered from the applicant/accused and therefore, the story of the
prosecution is doubtful. The Ld. Advocate for applicant/accused further
states that, the applicant/accused is behind bars since 20.04.2022.
Hence, considering the same he prayed for enlargement of the
applicant/accused on bail.
4.
Per contra the prosecution has filed their reply vide exhibit
2, and inter alia have resisted the application upon various grounds. It is
categorically
stated
that,
the
applicant/accused
has
57
prior
antecedents to her discredit and all the antecedents are of similar
nature. Therefore, the Ld. Prosecutor states that, the applicant/accused
is accustomed such act. Further, the CCTV Footage has clearly revealed
the presence of the applicant/accused and if, she is enlarged on bail,
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Bail Application No.1053/2022.
she would engage herself in similar acts again.
Hence, the Ld.
Prosecutor prayed for rejection of application.
5.
Heard learned advocate for Applicant/accused, and learned
prosecutor for the state. Perused application and reply.
6.
On meticulous examination of prosecution material and the
case record it evinces to myself that, there are 57 prior similar
antecedents to the discredit of the applicant/accused. Moreover, she is
clearly seen in the CCTV Footage and therefore her role has been
categorically established.
Therefore, considering the earlier criminal
history it is evident that, her such habit of criminal activity or behaviour
in similar kind of offences are a natural threat to the society at large.
Therefore,
considering
this
particular
fact
enlarging
the
applicant/accused on bail would naturally create a danger for society.
Further, no other cogent ground for her enlargement has been stated in
the application. In the backdrop of the aforesaid facts, I hold that, as the
application deserves no consideration. Hence, order infra: –
ORDER
Bail Application No. 1053/2022 stands rejected and
disposed of accordingly.
DR. ABHAY
AVINASH
JOGLEKAR
Date : 15.07.2022
Dictated on
: 15.07.2022
Transcribed on : 16.07.2022
HHJ signed on : 18.07.2022
Digitally signed by
DR. ABHAY
AVINASH
JOGLEKAR
Date: 2022.07.18
17:18:00 +0530
(DR. A. A. JOGLEKAR)
Additional Sessions Judge,
City Civil & Sessions Court,
Gr. Bombay (C.R.No.37)
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Bail Application No.1053/2022.
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE
ORIGINAL SIGNED JUDGMENT/ORDER.”
Upload Date
Upload Time
Name of Stenographer
18.07.2022
05.17 p.m.
Mahendrasing D. Patil
Stenographer (GradeI)
Name of the Judge (With Court
Room No.)
HHJ DR. A. A. JOGLEKAR
(Court Room No. 37)
Date of Pronouncement
JUDGEMENT /ORDER
15.07.2022
of
JUDGEMENT /ORDER signed by
P.O. on
18.07.2022
JUDGEMENT /ORDER uploaded
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18.07.2022
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