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Cr. B.A. No.390/2024
MHCC020026962024
IN THE COURT OF CITY CIVIL AND SESSIONS AT GRATER BOMBAY
COURT ROOM NO.23
(Presided over by Shri N. P. Tribhuwan, Additional Sessions Judge)
CRIMINAL BAIL APPLICATION NO. 390 OF 2024
Applicant/ Accused :
Zuber Khurshid Khan
Age : 59 years, Occu : Nil,
R/at : Room No.208, 2nd floor, B-Wing
Mumbradevi Building, Near Mumbra
Police Station, Anand Koliwada, Mumra,
Thane.
VERSUS
Prosecution :
The State of Maharashtra
Through Gamdevi Police Station
Mr. Shailesh Kharat, learned Advocate for Applicant.
Mrs. Ranjana Budhwant, learned APP for the State.
ORDER
(Delivered on 21/02/2024)
This is an application under Section 439 of Cr.P.C. for
releasing accused Zuber Khurshid Khan on bail in Crime No.102/2024
registered with Gamdevi Police Station, Mumbai for offence punishable
u/Sec. 420, 465, 467, 468 and 471 r/w 34 of Indian Penal Code.
2.

Heard learned Counsel for applicant and learned APP for
the State. Perused Bail Application, say/reply and documents.

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3.

Cr. B.A. No.390/2024
It is case of prosecution that complainant Persi Adi Mistry
has lodged complaint in Gamdevi Police Station on 18.07.2023. She
alleged in the complaint that on 06.04.2023, she has obtained
information under the Right to Information Act from BEST Office
Tardeo, Mumbai. From the said information, she came to know that her
maternal aunt Hoshi Gajdar has prepared forged rent receipt in her own
name of the flat of elder grandfather. The said flat is bearing No.2,
ground Floor, Plot No.45, Gajdar House, Bhulabai Desai Road, Kambala
Hill, Mumbai. The elder grandfather died in the year 1965, however
Roshan Gajdar has prepared false/forged PAN Card and NOC and
submitted in the office of BEST, Tardeo. On the basis of said forged
documents, Roshan Gajdar has recorded her name in the electricity
meter connection of the said house. She has prepared above forged
documents to take the benefit of the rights of tenant.
4.

As per the reply filed by Investigating Officer, the accused
i) Roshan Hoshi Gajdar, ii) Agent viz. Ahmad Ibrahim and iii) Zuber
Khurshid Khand (present applicant) have prepared the said forged
document. It revealed in the investigation that Roshan Gajdar with the
help of present accused Zuber Khurshid Khan prepared the said forged
documents. According to IO, it seems that there is gang of accused to
prepare forged documents. It is to be investigated, whether accused has
used the said forged documents in other Government office. So also,
CRD of mobile phone of accused remained to be technically analyzed.
Yet accused Ahmad Ibrahim Khan is not found. If accused is released on
bail, he will pressurize the prosecution witnesses. The investigation is in
progress. Hence, accused may not be released on bail.
5.

Learned Counsel of accused argued that I.O. has arrested
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Cr. B.A. No.390/2024
applicant/accused on 02/02/2024 and sought his police custody. Now
he is in Magisterial custody. The investigation is completed viz-a-vis
accused is thoroughly interrogated. Nothing is recoverable and no
further inquiry or investigation has to be done. Applicant/accused has
been falsely implicated in this crime with ulterior motive to extract
money from him. There is no role of accused in the alleged crime. The
beneficiary is Roshan Gajdar and she is main accused. Merely on the
accusation from main accused, the present applicant is roped in this
crime.
6.

Prosecution has arrested present accused on 02/02/2024
and now he is in Magisterial custody. The evidence is documentary in
nature. Offence u/sec. 467 of IPC is punishable with imprisonment for
life or imprisonment for 10 years. Accused has no criminal antecedent.
As far as the apprehension of prosecution regarding threatening to the
witnesses is concerned, that can be secured by putting certain
conditions on the accused while releasing on bail. Considering the
nature of offence, allegations and in view of above facts, it is desirable
to release accused on bail. Hence, I pass following order.
ORDER
1.
Criminal Bail Application No.390 of 2024 is allowed as
under.
2.
Applicant/accused Zuber Khurshid Khan is released on bail
in Crime No.102/2024 registered with Gamdevi Police Station,
Mumbai for offence punishable u/Sec. 420, 465, 467, 468 and
471 r/w 34 of IPC; subject to conditions:
i) Accused/Applicant shall execute a Personal Bond for a sum of
Rs.15,000/- with one or more sureties in the like amount.

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Cr. B.A. No.390/2024
ii) Applicant shall not tamper with any of the prosecution
witnesses, directly or indirectly.
iii) Applicant shall co-operate with the investigation and make
himself available for interrogation whenever required.
iv) Applicant shall not misuse his liberty.
v) Applicant shall furnish his detail address and mobile number
to the investigation officer and the concerned court. In case
applicant change his residence/address and mobile number, he
shall furnish the same to the I.O and concerned court.
3. Bail before learned trial court.
4. Inform to the learned trial court.
Date : 21.02.2024.

(N.P. Tribhuwan)
Additional Sessions Judge,
C.R.No. 23, Gr. Mumbai.

Direct dictated on : 21.02.2024
Checked on
: 21.02.2024
Signed on
: 21.02.2024
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
21.02.2024 at 5.30 po.m.
Mrs. K.S.Bhosale
UPLOAD DATE AND TIME
NAME OF STENOGRAPHER
Name of the Judge (With Court Room HHJ SHRI N. P. TRIBHUWAN
No.)
(C.R.No.23)
Date of Pronouncement of JUDGMENT 21.02.2024
/ ORDER
JUDGMENT/ORDER signed by P.O. on 21.02.2024
JUDGMENT/ORDER uploaded on
21.02.2024