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MHCC020068822024
IN THE COURT OF SESSIONS FOR GREATER MUMBAI AT MUMBAI
CRIMINAL BAIL APPLICATION NO. 1107 OF 2024
Mahboob Maksud Khan
Age : 24 years,
R/at : Near Babe Rehmat Masjid
Mohammed Rafi Nagar, Plot No.02,
Room No. 18, Line No.A, Shivaji Nagar,
Govandi, Mumbai 43.

…Applicant/accused
Vs.
The State of Maharashtra
(At the instance of Shivaji Nagar
Police Station, Mumbai)
…Respondent
Appearance :Mr. S. K. Ali, Ld. Advocate for the Applicant.
Mr. J. N. Suryawanshi, Ld. APP for the Respondent/State.
CORAM : H. H. THE ADDL. SESSIONS JUDGE,
SHRI A. A. KULKARNI (C.R. NO.22)
DATED : 30th April, 2024
(ORAL ORDER)
(Dictated and pronounced in the open Court)
This is an application under Section 439 of Cr. P.C. Heard
Ld. Advocate for applicant and Ld. APP for the State. Perused the
application, say and documents on record.
2.

The Ld. Advocate for applicant submitted that applicant is
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arrested by Shivaji Nagar police in connection with C.R. No.323/2024
for the offence punishable under Sections 420, 465, 466, 468, 471 of
IPC. It is further contention of accused that he is falsely implicated in
this case. Applicant has not committed any offence as alleged in the FIR.
Applicant is roots in the society. He is only bread earner of his family.
The applicant has not played any role in the present crime. Applicant is
ready to co-operate with police. He is ready to abide by the terms and
conditions imposed by this Court. Hence, he prayed for bail.
3.

Ld. APP and investigating officer opposed application. It is
their contention that applicant prepared forged certificate from the
agent and committed forgery and cheating for obtaining Passport Office.
Investigation of case is at preliminary stage. Hence, prayed for rejection
of application.
4.

In view of submissions from both sides and as per
allegation in FIR,
informant is a police personal and working in
passport branch. According to him there branch received directions
from the passport office and it was directed that if birth or death
certificate is produce then QR code on the said certificate to be scanned
and if it is is not opened in the link then it should be treated as
duplicate and it should be verified from the issuing office and if found
bogus or duplicate then necessary action be taken. Accordingly, the
present applicant produced the birth certificate which was allegedly
issued by District Women’s Hospital, Sultanpur, District- Sultanpur,
Uttar Pradesh. Then, informant verified the said birth certificate from
the issuing office. The said issuing office informed in writing that the
same is not issued by their office. Present applicant is implicated in the
case on the basis of communication from the concerned office about
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non issuance of certificate.

For the purpose of further investigation
custodial interrogation of applicant is not required. Alleged offence is
based on documentary evidence. Alleged documents are in custody of
police.

In such circumstances further detention of applicant is not
necessary. Hence, by directing the applicant to remain present before
investigating officer purpose of further investigation, with such
direction purpose of securing presence of accused for investigation will
be fulfilled. Therefore, I am of opinion that in view of above
circumstance, applicant is entitled to be released on bail. Hence, I pass
following order :ORDER
1.

Criminal Bail Application No. 1107 of 2024 is allowed.

2.

Applicant/accused Mahboob Maksud Khan be released on bail on
furnishing P.R. Bond of Rs.25,000/- along with one or more
sureties in the like amount in connection with C.R. No.323/2024
registered with Shivaji Nagar police station.

3.

Applicant/accused shall attend Shivaji Nagar Police Station,
Mumbai, as and when required by Investigating Officer on notice.

4.

Applicant/accused shall furnish his residential address proof and
contact numbers to Investigating Officer.

5.

Applicant/accused shall not directly or indirectly, make any
inducement, threat or promise to any person acquainted with the
facts of the case so as to dissuade him from disclosing such facts
to the Court or to any Police Officer.

6.

Applicant/accused shall not leave India without previous
permission of the Court.

7.

Bail before learned Court below.

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8.

Criminal Bail Application No.1107 of 2024 stands disposed of
Digitally
signed by
AJAY ANIL
KULKARNI
Date:
2024.04.30
16:17:09
+0530
accordingly.

Date : 30.04.2024
Directly typed on computer on
HHJ signed on
(A. A. Kulkarni)
Additional Sessions Judge,
Sessions Court,
Gr. Bombay (C.R.No.22)
: 30.04.2024
: 30.04.2024
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SIGNED JUDGMENT/ORDER.”
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