CNR
MHNS010036142022
Order below Exh.1 in Cri. Bail Application No.892/2022.
{ Dada Ahamed Sayyed and others Vs. State }
This is application under section 439 of the Criminal
Procedure Code for grant of bail pending trial.
2.

The present application is moved by the applicants­
accused No. 1) Dada Ahamed Sayyed, No.2 ) Kalimkhan Rasulkhan
Pathan, No.3 Sharifkhan Ashraf Khan praying to release them on bail
in connection with the CR No.51/2004 (RCC No.57/2005) registered
with Harsul Police Station under section 379, 411 r/w sec. 34 of the
Indian Penal Code.
3.

The applicants­accused are facing charges of committing
theft and purchase of stolen property, knowing that it is a stolen
property. During the course of investigation the applicants­accused
were on bail. The police have filed charge­sheet in the Court bearing
RCC No.57/2005. However, meanwhile accused were not turned up
to the court for trial and therefore, learned JMFC has issued NBW
against them as the present criminal case was pending before the trial
court since 2005 and therefore, coercive steps have been taken by the
learned trial court. Recently the applicants­accused sou­motto
appeared before the trial court. Considering the fact that applicants­
accused were absconding since long and matter is more than 17 years
old and considering the direction given by the Hon’ble Bombay High
Court to dispose of the 5­10 years old matter on top priority, the
learned trial court has taken the applicants­accused in magistrate
custody by rejecting the application of cancellation of NBW by his
order dated 13.7.2022 passed below Exh.41.
4.

Perused the record. Heard both the parties.

5.

The learned counsel appearing for applicants­accused
..2..

Shri. A.A. Ansari has submitted at bar that applicants­accused will
remain present before trial court and will co­operate to proceed
with the trial and to dispose of the matter at the earliest. He has
filed on record the pursis to that effect that he will conduct the trial.
Harsul Police have filed his report on record at Exh.5.
6.

Thus, considering all these facts and situation, I am of
the view that as the learned counsel Shri. A.A. Ansari has given
undertaking before this Court and his words at bar that he will
ready to conduct the trial before trial court, applicant­accused is to
be released on bail with certain conditions.
ORDER
1.

Application is allowed.

2.

Applicants­accused No. 1) Dada Ahamed Sayyed, No.2 )
Kalimkhan Rasulkhan Pathan, No.3 Sharifkhan Ashraf
Khan, in connection with the CR No.51/2004 (RCC
No.57/2005) registered with Harsul Police Station under
section 379, 411 r/w sec. 34 of the Indian Penal Code, be
released on bail on executing bond of Rs.30,000/­ each
with one or two surety in like amount.

3.

They shall attend the trial Court on every date and shall co­
operate to proceed with the trial without fail.

4.

They shall furnish address proof Aadhar card of their two
near relatives alongwith mobile numbers.

5.

They shall also furnish their address proof Aadhar card
with mobile numbers.

6.

In the event of breach of any of the conditions, their bail
bonds shall be liable to be cancelled.
Digitally signed by
Bail in lower Court.
SHINDE
7.

MADHAV
A
Date: 03.08.2022
SHINDE MADHAV A
Date: 2022.08.03
13:03:13 +0530
( M. A. Shinde )
Additional Sessions Judge­9,
Nashik.