CMHCC020051282023
IN THE SESSIONS COURT FOR GREATER MUMBAI
AT MUMBAI
CRIMINAL BAIL APPLICATION NO.776 OF 2023
(CRIME NO.120 OF 2023, CHUNABHATTI POLICE STATION)
CNR NO. : MHCC02-005128-2023
Mohammad Shakir Usman Gani Ansari,
]
Age : 41 years, Occ. : Mechanic,
]
Residing at : Room No.A/216,
]
Panwali Chawl, M. P. Nagar, Dhorwada,
]
Dharavi, Mumbai – 400 017.

]
… Applicant/
Accused No.1
Vs.
The State of Maharashtra,
]
(Through Sr.P.I., Chunabhatti police station,]
Chunabhatti, Mumbai).

]
… Respondent
Appearances :Mr. Nawaz Usmani, Ld. Adv. for applicant.
Mr. J. N. Suryawanshi, Ld. A.P.P. for respondent/State.
CORAM : VISHAL S. GAIKE,
ADDL. SESSIONS JUDGE,
COURT ROOM NO.22.
DATE : 12th APRIL, 2023.
ORDER
1.

This is an application for regular bail under Section 439 of
the Code of Criminal Procedure in connection with Crime No.120 of
2023 registered at Chunabhatti police station for the offence
punishable under Section 392 r/w. 34 of the Indian Penal Code.

-22.

BA 776/23
It is the case of the prosecution that, the complainant
Ghanshyam Babulal Yadav gave report that on 17/03/2023, at 4.35
p.m., he was sitting in his taxi and chatting with his wife. His taxi was
parked besides the Sion – Trombay Pipeline Road, Chunabhatti,
Mumbai. At that time, a person namely Mohammad Shakir Usman and
Sadiq Sabir Sayyed came on red colour scooter and forcibly took away
the applicant’s OPPO Company’s mobile phone from him. The said
accused thus, committed robbery regarding the complainant’s mobile.
3.

The say of the Investigating Officer was called. He has
stated that, he has stated that the accused are habitual offenders. 14
other offences are registered against accused Sadiq Sabir Sayyed. If the
applicant is granted bail, then he may not remain present before the
Court and may flee away from justice. The blue colour OPPO mobile
phone of the complainant was recovered from accused Sadiq Sabir. He
may threaten and pressurise the witnesses and the statements of
witnesses are yet to be recorded.

Hence, the application may be
rejected.
4.

Heard the parties. Learned counsel for the applicant
submitted that, the applicant is innocent and has not committed any
offence as alleged. The police have falsely implicated him. He has no
criminal antecedents. The applicant is ready to co-operate in the
investigation and abide any condition which may be imposed upon
him, in the event of his application being allowed. Hence, he may
kindly be released on bail.
5.

Learned A.P.P. vehemently opposed the application and
reiterated the contents of the say of the Investigating Officer.

-3-
6.

BA 776/23
I have carefully considered the submissions made by the
parties. The mobile phone of the complainant which was allegedly
robbed was recovered from co-accused Sadiq Sabir. No criminal
antecedents are alleged against the present applicant. The crime list
given in the say of Investigating Officer pertains to accused Sadiq Sabir
Sayyed. The copy of F.I.R. reflects that in the first part of the said
report, the complainant was not knowing the identity of the said
miscreants, but in the later part of the said report, he has disclosed the
identity of two accused. There is no explanation or information in the
report as to how the complainant came to know about the identity of
the present applicant and the other co-accused. Be that as it may, in the
facts of the case, I am inclined to grant the application of the present
applicant. Hence, I proceed to pass the following order :ORDER
1.

Bail Application No.776 of 2023 is hereby allowed.

2.

Applicant Mohammad Shakir Usman Gani Ansari in C.R.

No.120 of 2023 registered at Chunabhatti police station for the offence
punishable under Section 392 r/w. 34 of the Indian Penal Code, shall
be released on bail on executing his P.R. bond of Rs.15,000/- with one
surety in the like amount, and on following conditions :(a)
He shall not tamper with the prosecution witnesses and
evidence ;
(b)
He shall furnish his detail address, mobile/contact number,
address proof and identity proof at the time of furnishing bail ;
(c)
In case of change of his residence or mobile/contact
number, he shall inform it to the Court and Investigating Officer ;
-4(d)
BA 776/23
He shall attend the concerned police station on every
Monday between 2.00 p.m. to 6.00 p.m. for the purpose of
investigation till filing of the charge-sheet ;
(e)
He shall attend the Court regularly, if any charge-sheet is
filed against him ;
(f)
He shall co-operate with the Investigating Officer ;
(g)
He shall not leave the jurisdiction of this Court without the
permission of concerned Metropolitan Magistrate and if the case is
committed to this Court, without the permission of this Court ;
(h)
He shall not give any threat or pressurise the complainant
and witnesses in any manner which may dissuade them from disclosing
any fact of the case to the police officer or to the Court.
3.

Bail shall be furnished before concerned Metropolitan
Magistrate. If the case is committed to this Court, then the bail shall be
furnished before this Court.
4.

Bail Application is disposed off accordingly.
Digitally signed
by VISHAL
SADASHIVRAO
GAIKE
Date: 2023.04.13
15:02:22 +0530
Date : 12/04/2023.

( VISHAL SADASHIVRAO GAIKE )
ADDL. SESSIONS JUDGE,
CITY CIVIL & SESSIONS COURT,
GREATER MUMBAI.

Directly typed on Computer on
Printed on
Signed on
: 12/04/2023.
: 13/04/2023.
:
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
UPLOAD DATE AND TIME
13/04/2023 at 3.05 p.m.

NAME OF STENOGRAPHER
Bahushruta Y. Jambhale
Name of the Judge ( With Court H.H.J. Shri Vishal S. Gaike
Room No.)
(Court Room No.22)
Date
of
Pronouncement
JUDGMENT/ORDER
of 12/04/2023.

JUDGMENT/ORDER signed by
P.O. on
13/04/2023.

JUDGMENT/ORDER uploaded on
13/04/2023.