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MHCC020034542024
IN THE COURT OF SESSIONS FOR GREATER MUMBAI AT MUMBAI
BAIL APPLICATION NO. 524 OF 2024
Chetan Sanjay Mali
… Applicant/accused
Vs.
The State of Maharashtra
(Through of Trombay. Police Station vide … Respondent/State
C.R. No. 16/2024)
Appearance :Mr. Jabali, Ld. Advocate for Applicant/Accused.
Mr. Sachin Patil, Ld. APP for the Respondent/State.
CORAM : H. H. THE ADDL. SESSIONS JUDGE,
SHRI A.S. SALGAR (C.R. NO.24)
DATED : 6TH MARCH, 2024
(ORAL ORDER)
(Dictated and pronounced in the open Court)
This is an application filed by applicant/accused under
Section 439 of the Code of Criminal Procedure, 1973, for releasing
him on regular bail in connection with C.R. No.16/2024 registered
with Trombay police station for the offence punishable under
Sections 3, 5 and 25 of Arms Act r/w 37(1)(A), 135 of Maharashtra
Police Act
2.

The applicant/accused submitted that he is innocent
and has not committed any offence. He has been falsely implicated
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in this case. All the weapons has been recovered. All the offences
are triable by Ld. Metropolitan Magistrate. No purpose will be
served by keeping applicant behind bar. The applicant is willing to
abide by the terms and conditions imposed by the Court. Hence,
applicant/accused prayed for grant of regular bail in connection
with C.R. 16/2024 registered with Trombay police station.
3.

The Investigation officer submitted reply at Exh.2 and
resisted the application on the ground that if bail is granted to
applicant/accused, then he will commit similar type of offence. He
will also tamper the evidence of prosecution. Lastly, investigating
officer prayed for rejection of bail application.
4.

Heard Ld. Adv. Mr. Jabali for the applicant/accused
and Ld. APP Sachin Patil for Respondent/State.
5.

On the basis of the report lodged by informant namely
Pradeep Deshmukh, the Trombay police station registered the C.R.
No.16/2024 against accused persons for the offence punishable
under Section 3, 5 and 25 of Arms Act r/w 37(1)(A, 135 of
Maharashtra Police Act. It is alleged that on 13.01.2024 at about
20.25 hours, in front of Khandoba Temple, Maharashtra Nagar,
Mankhurd, Mumbai the accused Chetan Mali was illegally found in
possession with four firearms and four magazines alongwith eight
live cartridges. Hence, the report was lodged by informant against
accused Chetan Mali. In the course of investigation, it was revealed
that accused Chetan Mali has sold one firearm alongwith two live
cartridges worth Rs.40,000/- to co-accused in December 2023 and
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on the basis of disclosure statement the police have arrested the coaccused in this crime.
6.

It is to be noted that the name of applicant/accused is
mentioned in FIR. In F.I.R. there are specific allegation against
present applicant/accused that on 13.02.2024 he was illegally
possessing four firearms and four magazines alongwith eight live
cartridges. F.I.R. itself shows that four firearms and four magazines
alongwith eight live cartridges are already recovered. Nothing is
required to be seized from the applicant/accused and detention of
applicant/accused is not required.
7.

In present case firearms, magazines and live cartridges
were already seized by the investigating officer. Nothing is required
to
be
seized
from
applicant/accused
is
the
ready
possession
and
of
the
accused.

willing
to
co-operate
The
to
investigating machinery. There is no criminal antecedent against
applicant/accused. Therefore, applicant/accused is entitled to be
released on bail. The applicant/accused is in jail from 15.01.2024.
No purpose will be served by keeping him behind bar. Except
offence under Sections 3, 5 and 25 of Arms Act, remaining offences
are bailable. Alleged offence is triable by Ld. Metropolitan
Magistrate.
8.

In present case other accused namely Sinu Narsayy
Padigela was released on bail by this Court vide B.A. No.280/2024
on 13.02.2024. Therefore, on the ground of parity, applicant/
accused is entitled for grant of regular bail by imposing terms and
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conditions. Hence, application needs to be allowed. Therefore, I
proceed to pass following order :ORDER
1.

Criminal
Bail
Application
No.524
of
2024
filed
by
Applicant/accused is allowed.
2.

Applicant/accused namely Chetan Sanjay Mali, resident of
Kolsewadi, Kalyan East, District-Thane be released on regular
bail on furnishing P. R. Bond of Rs.15,000/- along with one or
more sureties in like amount in connection with C.R. No.
16/2024 registered with Trombay Police Station for the
offence punishable under Sections 3, 5 and 25 of Arms Act
r/w 37(1)(A), 135 of Maharashtra Police Act on following
conditions :(a) The applicant/accused is directed to attend the concerned
police station on every Sunday in between 11:00 a.m. to
03:00 p.m. till filing of charge-sheet.
(b) The applicant/accused and his sureties shall provide their
respective residential addresses, mobile numbers and email
addresses,
if
any
to
investigation
officer.

The
applicant/accused shall intimate any such change in address
or telephone number and Email ID forthwith.
(c) The applicant/accused should not directly or indirectly
make any inducement, threat or promise to any person
acquainted with facts of case so as to dissuade them from
disclosing the facts to Court or any Police Officer and should
not tamper with the evidence and prosecution witnesses.
(d) The applicant/accused shall not leave India without prior
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permission of Ld.Trial Court.
(e) Breach of any conditions by the the applicant/accused,
shall result in cancellation of bail.
3.

Provisional cash bail of Rs.15,000/- is allowed to the
applicant/accused for period of 4 weeks to furnish surety
from the date of release.

4.

Bail before Ld. Trial Court.

5.

Criminal Bail Application No.524 of 2024 stands disposed off
accordingly.

Date : 06.03.2024
Dictated on
: 06/03/2024
Transcribed on : 07/03/2024
HHJ signed on : 11/03/2024
[A.S. SALGAR]
ADDITIONAL SESSIONS JUDGE
GREATER MUMBAI
(C.R. No.24)
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
Upload Date
Upload Time
12/03/2024 5.15 p.m.

Name of Stenographer
PRAJWALA V. PHODKAR
Name of the Judge (With Court HHJ SHRI. A.S. SALGAR (CR 24)
Room No.)
Date of Pronouncement
JUDGMENT /ORDER
of 06/03/2024
JUDGMENT /ORDER signed by 11/03/2024
P.O. on
JUDGMENT /ORDER uploaded 12/03/2024
on