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MHCC020070712024
IN THE COURT OF SESSIONS FOR GREATER MUMBAI AT MUMBAI
CRIMINAL BAIL APPLICATION NO. 1144 OF 2024
Mujib Shafi Ahmed Khan
Age : 33 years,
R/at : Building No.4, Suraj Co-Op
Hsg Society, G. M. Link Road,
Shivaji Nagar, Govandi,
Mumbai
…Applicant/accused
Vs.
The State of Maharashtra
(At the instance of Shivaji Nagar
Police Station, Mumbai)
…Respondent
Appearance :Mr. Ahmed Parvez Idrisi, Ld. Advocate for the Applicant.
Mr. J. N. Suryawanshi, Ld. APP for the Respondent/State.
CORAM : H. H. THE ADDL. SESSIONS JUDGE,
SHRI A. A. KULKARNI (C.R. NO.22)
DATED : 04th May, 2024
(ORAL ORDER)
(Dictated and pronounced in the open Court)
This is an application under Section 439 of Cr. P.C. Heard
Ld. Advocate for applicant and Ld. APP for the State. Perused the
application, say and documents on record.
2.

The Ld. Advocate for applicant submitted that applicant is
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arrested by Shivaji Nagar police in connection with C.R. No.337/2024
for the offence punishable under Sections 420, 465, 466, 471 of IPC. It
is further contention of accused that he is falsely implicated in this case.
Applicant has not committed any offence as alleged in the FIR.
Applicant is roots in the society. The applicant has not played any role
in the present crime. Applicant is ready to co-operate with police. He is
ready to abide by the terms and conditions imposed by this Court.
Hence, he prayed for bail.
3.

Ld. APP and investigating officer opposed application. It is
their contention that applicant submitted forged birth certificate of his
mother and committed forgery and cheating for obtaining Passport.
Another accused namely Ramjit Keshavar is yet to be arrested. If,
applicant is released on bail there is possibility of tempering evidence of
prosecution. Hence, prayed for rejection of application.
4.

In view of submissions from both sides and as per
allegation in FIR,
informant is a police personal and working in
passport branch. According to him there branch received directions
from the passport office and it was directed that if birth or death
certificate is produce then QR code on the said certificate to be scanned
and if it is is not opened in the link then it should be treated as
duplicate and it should be verified from the issuing office and if found
bogus or duplicate then necessary action be taken. Accordingly, the
present applicant prepared of birth certificate of his mother from Parvej
Khan, Uttarpradesh. For the purpose of further investigation custodial
interrogation of applicant is not required. Alleged offence is based on
documentary evidence. Alleged documents are in custody of police. In
such circumstances further detention of applicant is not necessary.

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Hence, by directing the applicant to remain present before investigating
officer purpose of further investigation, with such direction purpose of
securing presence of accused for investigation will be fulfilled.
Therefore, I am of opinion that in view of above circumstance,
applicant is entitled to be released on bail. Hence, I pass following order
:ORDER
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9.

Criminal Bail Application No. 1144 of 2024 is allowed.
Applicant/accused Mujib Shafi Ahmed Khan be released on bail
on furnishing P.R. Bond of Rs.25,000/- along with one or two
more sureties in the like amount in connection with C.R.
No.337/2024 registered with Shivaji Nagar police station.
Applicant/accused shall attend Shivaji Nagar Police Station,
Mumbai, as and when required by Investigating Officer on notice.
Applicant/accused shall furnish his residential address proof and
contact numbers to Investigating Officer.
Applicant/accused 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 any Police Officer.
Applicant/accused shall not leave India without previous
permission of the Court.
Provisional cash surety is allowed for eight weeks.
Bail before learned Court below.
Criminal Bail Application No.1144 of 2024 stands disposed of
Digitally
accordingly.
signed by
AJAY ANIL
KULKARNI
Date:
2024.05.04
17:41:14
+0530
Date : 04.05.2024
Directly typed on computer on
HHJ signed on
(A. A. Kulkarni)
Additional Sessions Judge,
Sessions Court,
Gr. Bombay (C.R.No.22)
: 04.05.2024
: 04.05.2024
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
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Date of Pronouncement
JUDGMENT /ORDER
HHJ SHRI. A.A. KULKARNI (CR 22)
of
04.05.2024
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