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B.A.883/24
MHCC020056282024
IN THE COURT OF SESSION FOR GREATER BOMBAY
CRIMINAL BAIL APPLICATION No.883 OF 2024
Fakiruddin Allauddin Sheikh
Aged : 45 years, Occ : Auto driver,
Residing at Sarala Market, Plant Site,
Raurkela (M) Raurkela Sundarghar,
Orissa 769001
….Applicant
– Versus The State of Maharashtra
(At the instance of DCB CID Unit-4,
C.R.No.81/2023 (Corresponding C.R. No.
1096/2023 Amboli Police Station)
.… Respondent
Appearance :Adv. Varun Pandey for the Applicant/ accused.
APP Iqbal Solkar for the respondent.

CORAM : RAJESH A. SASNE,
ADDITIONAL SESSIONS JUDGE,
COURT ROOM No. 30.
DATED : 29/04/2024
ORDER
This is an application filed by the accused u/sec.439 of
Criminal Procedure Code for releasing him on bail in connection with
crime registered at DCB CID, Unit-4 (Corresponding C.Rno.1096/2023
Amboli Police Station) Vide C.R.No. 81/2023 for commission of offence
under Section 420,465,467,468,471,474,34 of the Indian Penal Code,
1860.

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2.

B.A.883/24
It is alleged by the applicant / accused that he is innocent
and falsely implicated in the present case. The accused is arrested on
22.12.2023. He has undergone custodial interrogation. Nothing is to be
seized or recovered from the possession of the accused. Therefore, there
is no point in keeping the accused behind bars till conclusion of trial. He
is permanent resident of his given address therefore he prayed for
releasing him on bail.
3.

The prosecution opposed the application by filing reply
vide Exh.2. It is the contention of the prosecution that if the accused is
released on bail there are chances of flee from justice. If the accused is
released on bail there are chances of threatening of prosecution
witnesses and tampering of prosecution evidence. Hence, prosecution
prayed for rejection of the application.
4.

Read the application, say filed by the prosecution. Heard
the ld. Advocate for the applicant and ld. APP for the State.
5.

I have gone through the application, reply, documents filed
on record. It is the prosecution case that on the basis of intelligence
gathered, the police found that the accused Sikandar Shah has
developed modus operandi to purchase scrap dumper truck, purchase it
at low price, repair them, obtain NOC of RTO from Arunachal Pradesh
and lateron sale them by obtaining new registration number at Vasai
RTO. For that purpose said accused used to forge chassis numbers and
engine numbers. Accordingly the police visited the place of the accused.
There they found the vehicles which were owned by accused Sikandar
Shah and Ramzan. The accused Ramzan is the owner of tempo Bearing
Number MH48CQ4193. Those three vehicles were seized by the police.

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B.A.883/24
In the investigation it was revealed that those vehicles were purchased
in scrap from Imran Mehraj and Nariruddin. It is further revealed that
Sikandar had purchased three vehicles in scrap and from Orissa he
created documents to show that said vehicle is registered at Arunachal
Pradesh. With the help of the co-accused Mr. Aenugu Reddy from
Telangana, the engine and chassis number were forged and after
registering it with RTO at Vasai and Virar, the accused used to sale these
vehicles.
6.

The role attributed to the present applicant / accused
Fakiruddin is that he helped to obtain forged NOC of RTO Office at
Arunachal Pradesh. The applicant / accused has been arrested on
22.12.23. Since last more than four months he is behind bars. The
investigation is completed. Charge sheet is already filed. The accused
Ramzan Mehboob Shaikh. Sikandar Zarin Shah, Aenugu Srinivas Reddy
are already released on bail. On the grounds of parity this applicant /
accused is also entitled to be released on bail. The trial will take its own
course and time to conclude. Incarceration of the accused during trial is
unwarranted. If reasonable conditions securing presence of applicant /
accused are imposed, he will be entitled for the bail. In the result, I pass
the following order :
ORDER
1.

Criminal Bail Application No.883 of 2024 is allowed.

2.

Applicant / accused Fakiruddin Allauddin Sheikh arrested in
Crime Number 81/2023 registered at DCB CID Unit-4 (Corresponding
C.R.No.1096/2023 Amboli Police Station), Mumbai under Section
420,465,467,468,471,474,34 of the Indian Penal Code be released on
bail on furnishing P.B. and S.B. of Rs.25,000/- with one or two sureties
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3.

B.A.883/24
The applicant / accused shall not tamper with the prosecution
witnesses and evidence in any manner.
4.

The applicant / accused shall regularly attend the concern police
station on 4th Saturday of every month between 11:00 am. to 02:00
p.m. till framing of charge.
5.

The applicant / accused shall not leave India without prior
permission of the Court.
6.

Bail before the concern Magistrate.

Date : 29/04/2024
Dictated on
Transcribe on
Signed by HHJ on
: 29.04.2024
: 30.04.2024
: 03.05.2024
RAJESH
ANIRUDDHA
SASNE
Digitally signed by
RAJESH
ANIRUDDHA SASNE
Date: 2024.05.04
16:20:08 +0530
( RAJESH A. SASNE)
Additional Sessions Judge,
Gr. Mumbai.

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B.A.883/24
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
ORDER.”
03/05/2024
11.19 a.m.

UPLOAD DATE
TIME
J.S. Chavan
NAME OF STENOGRAPHER
Name of the Judge (With Court H. H. Additional Sessions Judge Shri.
Room No.)
R.A. SASNE, Court Room No. 30.
Date of Pronouncement of ORDER 29/04/2024
ORDER signed by P.O. on
03/05/2024
ORDER uploaded on
03/05/2024