B.A.522/2024
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MHCC020034372024
IN THE COURT OF SESSIONS FOR GREATER BOMBAY
AT BOMBAY
CRIMINAL BAIL APPLICATION NO.522 OF 2024
IN
C.R.NO. 83 OF 2024
Mahipal Sangram Singh
Aged 21 years, Occ : Service,
Having permanent address at
Village-Meetdi, Taluka-Ahore,
District-Jalore,
Rajasthan – 307 029
Presently in judicial custody
lodged at Arthur Road Jail,
Mumbai
…Applicant
Vs.
State of Maharashtra
(at the instance of Vakola
Police Station, Mumbai
C.R.No.83 of 2024)
CORAM:
…Respondent
HH THE ADDL.SESSIONS JUDGE
SHRI. V. M. SUNDALE
(Court Room No.27)
DATE : 14th March 2024
Shri Priyatosh Tiwari, learned advocate for applicant.
Ms. Ratnavali Patil, learned APP for State/Respondent
ORDER
B.A.522/2024
01.

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The applicant Mahipal Sangram Singh has filed this
application under Section 439 of Code of Criminal Procedure for
granting regular bail in connection with Crime No.83/2024 registered
in Vakola, Police Station, Mumbai, for the offence under Section 394,
397, 120(B) r/w. 34 of the Indian Penal Code and under Section 3, 25
of the Indian Arms Act, on the allegations that the applicant and coaccused robbed the informant at gunpoint and caused grievous hurt to
him.
02.

The investigating officer through learned APP filed reply
(Exh.02) and strongly opposed the application. It is contended that in
CCTV footage the applicant is seen on the spot of incident while
committing the present offence. It is further contended that in the
course of investigation it is transpired the applicant actively participated
in the crime. It is also transpired that the applicant and co-accused
hatched criminal conspiracy and committed the present offence. The
applicant was also involved in the said criminal conspiracy. The offence
is serious and investigation is in progress. The applicant and co-accused
committed robbery at gunpoint and caused grievous hurt to the
informant. According to the investigating officer in such circumstances,
if the applicant released on bail at this stage, there is possibility of
hampering further investigation, pressurizing the prosecution witnesses
and fleeing away from justice. Hence, the investigating officer prayed to
reject the application.
03.

Heard Shri Priyatosh Tiwari, learned advocate for applicant
and Ms. Ratnavali Patil, learned APP for the prosecution.
04.

I have carefully gone through record with reference to
submission of both the sides. It is not disputed that the name of the
B.A.522/2024
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applicant is not mentioned in the First Information Report. However, in
the course of investigation it is transpired that the applicant and coaccused robbed the informant at gunpoint and looted gold and silver
ornaments worth Rs.1,69,88,000/-. The investigating officer opposed
the application mainly on the ground that in the CCTV footage of the
scene of incident, the applicant is seen while committing the present
offence and the investigation is in progress. The learned advocate for
applicant submits that co-accused Mangilal Mithalal Bhil is already
released on bail by this Court, therefore the applicant is entitled to
release on bail on the ground of parity. However, I could not subscribe
to this submission because Mangilal Mithalal Bhil was not present on
the spot at the time of alleged robbery. The role of the co-accused
Mangilal was only in respect of helping the applicant to abscond. In
such circumstances, the ground of parity is not applicable. The offence
under Section 394 and 397 is serious. The investigation is in progress.
The apprehension placed on record by the investigating officer are well
founded. In the facts and circumstances of the case the applicant is not
entitled to release on bail. Hence, the following order is passed.
ORDER
1.

Criminal Bail Application No.522 of 2024 is rejected.

2.

Thus, Criminal Bail Application No.522 of 2024 stands disposed
of.

14/03/2024
Dictated on
: 14/03/2024
Transcribed on : 15/03/2024
Signed on
: 16/03/2024
(V. M. Sundale)
Addl. Sessions Judge,
City Civil & Sessions Court,
Gr. Mumbai
B.A.522/2024
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE
ORIGINAL SIGNED JUDGMENT/ORDER.”
Upload Date
Upload Time
18/03/2024
11.00 a.m.

Name of Stenographer
Mrs. M.S. Putta
Name of the Judge (With C.R. No.)
Date
of
Pronouncement
JUDGEMENT /ORDER
HHJ Shri V.M.Sundale (C.R.No. 27)
of
14/03/2024
JUDGEMENT /ORDER signed by P.O.
on
16/03/2024
JUDGEMENT /ORDER uploaded on
18/03/2024