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Cri. BA No.426/2024
MHCC020028652024
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.426 OF 2024
Applicant :
Mohammad Salman Siddiqui
Aged : 19 years, Occ: Labour
R/at : Room No. G N M-4, 263-214, Social
Nagar, Near Maula Ali, Sangam Gali, vtc
Mumbai PO Dharavi
VERSUS
Respondent :
The State of Maharashtra
Through Pydhonie Police Station
Ms. Sheela Gupta, 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 applicant/accused Mohammad Salman Siddiqui on bail in
Crime No.394/2023 for the offence punishable under Sections 408 and
420 of Indian Penal Code, registered with Phydhonie Police Station,
Mumbai.
2.

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

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3.

Cri. BA No.426/2024
It is case of prosecution that complainant/informant Ashraf
Moinuddin Kazi has lodged report/complaint in Pydhonie Police Station
on 28.11.2023. He alleged that he is giving delivery services of Flipkart.
He has engaged 30 delivery boys for the delivery of the articles to the
customers. Present accused is one of the delivery boy from 15 days. On
13.11.2023, he has delivered some parcels but some parcels returned
due to non availability of the customer at the address. During
24.11.2023 to 28.11.2023, accused has returned some parcels as the
customers were not available at the address. However, while returning
the said parcels, the accused has replaced the article i.e. 7 original
Apple Ear-pods by duplicate Ear-pod. Thereby, accused has cheated the
informant for total sum of Rs.1,70,800/-.
4.

Learned Counsel of applicant argued that during police
custody, nothing is recovered from the present applicant. He is innocent.
The investigating officer has arrested the accused only on suspicion.
Further custody of accused is not necessary. Most of the investigation is
completed.
5.

Learned APP argued that during investigation, it revealed
that accused has committed criminal breach of trust and cheated the
informant by replacing the original Apple Earpods, worth of
Rs.1,70,800/- by duplicate. The said property was entrusted to the
accused being servant. Therefore, offence of criminal breach of trust
and cheating are attracted. Accused has not cooperated during police
custody and therefore, the said property could not recover. Now it is to
be investigated whether there are co-accused involved in this case. If
accused is released on bail, he will commit such type of offence.

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Cri. BA No.426/2024
Accused is in jail from 06.02.2024. Offence punishable
u/Sec.408 and 420 are punishable with imprisonment upto 7 years. It
seems that most of the investigation is completed. There is no criminal
antecedents against accused. 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.426 of 2024 is allowed as
under.
2. Applicant/accused Mohammad Salman Siddiqui is released
on bail in Crime No.394/2023 for the offence punishable under
Sections 408 and 420 of Indian Penal Code, registered with
Phydhonie Police Station, Mumbai, subject to conditions :
i) Applicant shall execute a Personal Bond for a sum of
Rs.25,000/- with one or more sureties in the like amount.
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.

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Cri. BA No.426/2024
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 p.m.
UPLOAD DATE AND TIME
Mrs. K.S.Bhosale
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