MHCC020058332024
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IN THE COURT OF SESSIONS FOR GR. BOMBAY
Criminal Bail Application No.917 of 2024
1. Arshad Ali Jainul Abdin Shaikh
Age :- 23 years, Occ: Driver,
R/o :- Zenda Galli, Shirin Manzil,
3rd floor, R.No.27, Memonwada,
Dongari, Mumbai 400009
2. Mohd. Ahmed Yunus Ambreliya
Age :- 19 years.
R/o :- 14, Zakaria Masjid Street,
Ground floor, 09, Basti Mohalla,
Dongari, Mumbai 400009
..Applicants/accused
No.1 and 2
Versus
The State of Maharashtra
Through Dongari Police Station,
Mumbai. (In C.R.No.197/2024)
…Respondent/State
Coram : DR. Shri S. D. Tawshikar
(Court No. 10)
Heard on : 16.04.2024
Decided on : 22.04.2024
Appearance:
Ld. Adv. Mr. Shahid Iqbal for the applicants/accused No.1 & 2.
Addl. P.P. Mr. Ajit Chavan for State.
ORDER
(Dictated and pronounced in open court)
This is the first bail application filed under Section 439 of Code
of Criminal Procedure, 1973 (“CrPC” in short) before filing of chargesheet in
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Cri.B.A.917-2024
connection with C.R. No.197 of 2024, registered with Dongari Police Station,
Mumbai for the offences punishable under Sections 279, 337, 395, 506 of the
Indian Penal Code (“IPC” in short).
2.

Perused application and reply (Exhibit-02) filed by the State.

3.

Heard both sides at length.

4.

Present FIR are is registered by an employee working on
Petrol-pump. He has alleged that on 03.04.2024, when he was on duty,
at about 1:30p.m. a four-wheeler vehicle bearing registration No.
MH-02-FY-0760 came on the petrol pump for feeling fuel. A person
sitting on the sit beside driver, asked the informant to fill petrol of
Rs.600/-. After filling petrol, when informant demanded amount at that
time said suddenly person hit fist blow on the face of informant. He also
took out Rs.2,000/- from the pocket of informant. Some scuffle took
place and suddenly the Car started. Informant was dragged along-with
the Car for some distance. He somehow rescued himself and fell on the
ground. As such he sustained injuries.
5.

FIR came to be registered on the same day at 8:39p.m. From
the numberplate of the vehicle, accused came to be traced out. They all
seems youths around age 19 to 23 years. One of the accused being
juvenile came to be produced before Juvenile Justice Board (JJB).
6.

Mr. Shahid Iqbal, learned advocate for the applicants submits
that accused are behind bars since the date of incident. Though there is
a CCTV camera at the petrol pump, however, no CCTV footage is
claimed to have been seized by police. He submits that in fact, this was
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a simple case of attraction between informant and the accused at the
time of filling petrol in the vehicle. Accused are false implicated in this
case. Mr. Iqbal further submits that the Car is already seized and the
amount of offence that is Rs.2,000/- is also recovered. There is no
weapon used and there are no grievous injuries to the informant. Then
advocate further submits that considering the age of the accused and
the overall circumstances, they may be released on bail. He submits that
accused accused/applicants would abide conditions imposed by this
court and they would co-operate in the investigation.
7.

Per contra Mr. Ajit Chavan Additional Public Prosecutor
strongly objects the application. He submits that accused, with
deliberation and pre-planning have executed the offence. Applicant
No.2 Mohammed Ahmed, though is of young age of 19 years, still there
are two criminal antecedents against him registered with Dongri Police
Station. Both offices pertains to serious offences like 307 and 392 of IPC
Mr. Chavan for submits that if the applicants are released on bail, they
may again indulge in similar offences. On the instructions from the IO,
APP submits that the CCTV camera at the petrol pump is checked.
However, it is found that it was not functional at the relevant time. He
submits that there to eye-witnesses to the incident.
8.

From the FIR and the reply, it can be seen that there is
allegation of robbery of Rs.2,000/- from the petrol pump. Said amount
is already recovered. So also the vehicle involved in the offence is also
seized. The applicants of tender age. Applicant No.1 (Arshad) seems to
be of 23 years age and has no criminal antecedents, whereas applicant
No.2 Mohammed Ahmed is hardly 19 years old, however, he is having
two criminal antecedents. There seems no conviction record against
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Cri.B.A.917-2024
him. Therefore, near registration of two criminal cases against him
would not be a sole ground to refuse bail to him. Thus, considering the
overall circumstances of the case, I am of the view that applicants can
be released on bail on certain conditions. Additionally, it is made clear
that if applicants indulges in similar offences, the bail granted by this
Court would be cancelled. As investigation is still going on, applicant
needs to co-operate in the investigation and attend the police station
whenever called by the investigating officer.
9.

Hence, I pass following order.
ORDER
A]
The Criminal Bail Application No. 917 of 2024 is allowed.

B]
The applicant No.1. Arshad Ali Jainul Abdin Shaikh and 2.
Mohd. Ahmed Yunus Ambreliya be released on bail in
connection with C.R. No.197 of 2024, registered with Dongari
Police Station, Mumbai for the offences punishable under Sections
279, 337, 395, 506 of the Indian Penal Code, on their executing
P.R. and S.B. of Rs.20,000/- (Twenty thousand only) each
along-with one surety in like amount on following conditionsi)
Applicants/accused to attend Dongari Police Station, Mumbai
as and when called by the investigating officer till filing of
chargesheet.

ii)
Applicant shall not tamper with the evidence of prosecution.

iii) Applicants
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 tamper with the evidence.
iv)
Applicants shall furnish two documents as to proof of their
residence with his active phone number to the concerned
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police station within 7 days after his release from the jail.
v)
C]
Applicants shall not commit any criminal act while on bail.

Breach of any condition shall entail the consequence of
cancellation of the bail.

D]
The Bail Application is disposed of accordingly.
SWAPNIL
DINKARRAO
TAWSHIKAR
Date : 22-04-2024
Dictated on
Transcribed on
Corrected on
Signed on
: 22-04-2024
: 22-04-2024
: 22-04-2024 (AOH)
: 23-04-2024
Digitally signed
by SWAPNIL
DINKARRAO
TAWSHIKAR
Date: 2024.04.23
16:48:37 +0530
(Dr. S. D. Tawshikar)
Additional Sessions Judge,
City Civil Court, Gr. Mumbai
C.R.No.10
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Cri.B.A.917-2024
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE AND TIME
23-04-2024 at 04:47p.m.

NAME OF STENOGRAPHER
Mr. G. N. Sutar
Name of the Judge
(with Court Room No.)
Date of
ORDER
Pronouncement
Dr. S.D. Tawshikar
C.R. No.10
of
JUDGMENT/ 22-04-2024
JUDGMENT/ORDER signed by P. O. on
23-04-2024
JUDGMENT/ORDER uploaded on
23-04-2024