B.A.No. 75/24.

1
Order.

MHCC020005212024
Presented on
Registered on
Decided on
Duration
: 09-01-2024
: 09-01-2024
: 17-01-2024
: 0 years, 0 months, 8 days
IN THE COURT OF SESSIONS FOR GREATER BOMBAY,
AT MUMBAI.
CRIMINAL BAIL APPLICATION NO. 75 OF 2024
Zakir Hussain Ahmed Shaikh
Alias Rajubhai
Age- 62 years, Occupation -…….
Residing at Shop No. 6,
Sahaydri Bldg, Kailash Nagar Road,
Vithal Wadi, Kalyan (East),
District – Thane
…Applicant
Versus
The State of Maharashtra
(Through Shivaji Park Police Station,
C.R.No. 299/2023)
…Respondent
Shri Manoj Tiwari, Advocate for the Applicant/Accused.
Shri Lade, APP for the State/Respondent.
CORAM : HIS HONOUR JUDGE SHRI S.D.KULKARNI,
ADHOC ADDITIONAL SESSIONS JUDGE.
(COURT ROOM NO.66).
DATE : 17th JANUARY, 2024.
ORDER
1.

This is an application filed by the accused under Section
B.A.No. 75/24.

2
Order.

439 of the Code of Criminal Procedure (Cr.P.C.) for releasing him on bail
in connection with C.R.No. 299/2023 of Shivaji Park Police Station,
Mumbai for the commission of offences punishable under Section 406,
420, 34 of Indian Penal Code.
2.

It is alleged by the applicant/accused that he is innocent
and is falsely implicated in the present crime. The applicant/accused
was arrested on 05/10/2023 for the commission of offence under
Section 406, 420 of the IPC. The applicant/accused has undergone
custodial interrogation and since 07/10/2023 applicant/accused is in
judicial custody. The applicant/accused never induced informant, nor
obtained or received any amount directly from the first informant. The
entire amount given by the first informant to absconded accused no.1
Omprakash by in-all 11 cheques and not a single amount paid to
applicant/accused directly. The applicant/accused is the senior citizen
and considering his ill health and role played by him in the commission
of
offence
accused
prayed
for
releasing
him
on
bail.

The
applicant/accused is the permanent resident of Vithalwadi, Kalyan,
District Thane, therefore there are no chances of flee from justice.
Hence, prayed for releasing accused on bail.
3.

The prosecution resisted the application by filing reply vide
Exh.2. It is alleged by the prosecution that the amount of
Rs.17,50,000/- received by the applicant/accused from accused no.1, so
he is a direct beneficiary of the crime. The anticipatory bail application
of the co-accused was rejected by this court. If accused is released on
bail, there is possibility of tampering prosecution evidence, there is less
possibility of recovery of cheating amount, hence prayed for rejection of
application.

B.A.No. 75/24.

4.

3
Order.

Perused application and say filed by the prosecution. Heard
both the advocates at length.
5.

It is a matter of record applicant/accused was arrested on
05/10/2023, he has undergone the custodial interrogation and now he
is in judicial custody. The investigation officer has completed the
investigation and filed charge-sheet against the applicant/accused in
learned Metropolitan Magistrate Court. So investigation in this matter is
over, nothing remains to be seized from the possession of the
applicant/accused.
6.

I have gone through the First Information Report, therein
entire allegations made against the accused no.1 who is absconded. The
absconded accused Omprakash known to the informant. Both were
serving in the same department. So Omprakash deceived the informant
and promised to her to give room under MHADA Scheme. The
absconded accused got the entire 11 cheques from the first informant.
Therefore only the amount of Rs.17,50,000/- transferred by the accused
no.1 on the name of applicant/accused is not sufficient to refuse the
bail. The applicant/accused is permanent resident of Thane District. The
offence is non punishable for more than 7 years. The investigation
officer has filed charge-sheet against the accused in the Court of
Metropolitan Magistrate. Therefore, it is not just and proper to keep the
accused behind the bar till conclusion of the trial. I have considered that
due to pendency of matters in the court it will take considerable time to
commence and conclude the trial. Therefore applicant/accused is
entitled to be released on bail. Considering this, I pass following order :
– ORDER 1.

Bail Application No. 75/2024 is allowed.

B.A.No. 75/24.

4
Order.

2.
Applicant/accused Zakir Hussain Ahmed Shaikh Alias
Rajubhai arrested in C.R.No. 299/2023 under Sections 406, 420, 34 of
the Indian Penal Code registered at Shivaji Park Police Station be
released on bail on furnishing P.B. and S.B. of Rs.25,000/- with one or
two surety/s.
3.
The applicant/accused shall not tamper
prosecution witnesses and evidence in any manner.

with
the
4.
Provisional cash bail in the like amount is allowed. The
accused shall furnish surety within 4 weeks from the date of release
from jail failing which the cash bail shall stand forfeited without any
separate order to that effect.
5.
The applicant/accused shall not leave India without prior
permission of the Court.
6.
The applicant/accused is directed not to involve in similar
types of offence in future.
7.

Bail before the learned Trial Court.

(S.D.KULKARNI)
Adhoc Addl. Sessions Judge,
City Civil & Sessions Court,
(Court Room No.66)
Mumbai.

Date : 17/01/2024.

1. Dictated online on
2. Placed for correction on
3. Checked on
4. Correction carried on
5. Signed on
6. Delivered to Certified
Copy Section on
: 17/01/2024.
: 17/01/2024.
: 18/01/2024.
: 18/01/2024.
: 18/01/2024.
:
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
B.A.No. 75/24.

5
Order.

SIGNED JUDGMENT/ORDER”
UPLOAD DATE AND TIME
19/01/2024. 11.00 a.m.

NAME OF STENOGRAPHER
Miss M.A.Kulkarni.

Name of the Judge (with Court Room no.)

HHJ Shri S.D.Kulkarni.
(Court Room No.66).

Date of Pronouncement of Judgment/Order 17/01/2024.
Judgment/Order signed by P.O. on
18/01/2024.

Judgment/Order uploaded on
19/01/2024.