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MHCC020033872024
IN THE COURT OF SESSIONS FOR GREATER MUMBAI AT MUMBAI
BAIL APPLICATION NO. 518 OF 2024
1. Sahil Shahidali Shaikh @ Bappi
2. Mohammed Mujjashim Sehzad Shaikh
@ Babu @ Mujjashim Mohammed
Shahzade Shaikh
…Applicants/accd.Nos.1 & 2
Vs.

The State of Maharashtra
(Through of Deonar Police Station vide
C.R. No. 675/2023)
… Respondent/State
Appearance :Ms. Vaishali Sawant, Ld. Advocate for applicants/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 : 7TH MARCH, 2024
(ORAL ORDER)
(Dictated and pronounced in the open Court)
This is an application filed by applicants/accused under
Section 439 of the Code of Criminal Procedure, 1973, for releasing
them on regular bail in connection with C.R. No.675/2023
registered with Deonar police station for the offence punishable
under Sections 379 r/w 34 of I.P.C.

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2.

The applicants/accused submitted that they are
innocent and have not committed any offence. They have been
falsely implicated in this case. The property is already recovered.
Nothing has been recovered from applicants/accused. No purpose
will be served by keeping applicants behind bar. The applicants are
willing to abide by the terms and conditions imposed by the Court.
Hence, applicants/accused prayed for grant of regular bail in
connection with C.R. 675/2023 registered with Deonar police
station.
3.

The Investigation officer submitted reply at Exh.2 and
resisted the application on the ground that applicants/accused are
habitual offenders and total 10 motor cycles were recovered from
them. If bail is granted to applicants/accused, then again they will
commit similar type of offence. Charge-sheet has been filed against
applicants/accused. Lastly, investigating officer prayed for rejection
of bail application.
4.

Heard Ld. Adv. Ms. Ms. Vaishali Sawant for the
applicants/accused and Ld. APP Sachin Patil for Respondent/State.
5.

On the basis of report lodged by informant namely
Rahim Shaikh, Deonar police station registered crime No.675/2023
against applicants/accused on the ground that in between
26.11.2023 to 27.11.2023 his motor cycle bearing No.MH03-DT0935 was parked on road by him in front of 9 North Building,
Gautam Nagar, Govandi, Mumbai. The unknown persons stolen his
motor cycle without his consent. Hence, he lodged the report at
Deonar police station.

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6.

It is to be noted that the F.I.R. has been lodged against
unknown persons. The name of applicants/accused are not
mentioned in FIR. During the course of investigation, names of
applicants/accused have been revealed.
7.

In present case the investigation of crime is completed
and charge-sheet has been filed against applicants/accused.
Applicants/accused are in jail from 29.12.2023. It means they are
in jail from more than two months. No purpose will be served by
keeping them behind bar. They are entitled for grant of regular bail.
8.

In present case alleged offence is triable by Ld.

Metropolitan Magistrate. The applicants/accused are ready and
willing to co-operate to investigating machinery. It will take time to
commence the hearing of the case. Therefore, bail need to be
granted to the applicants/accused.
9.

It is argued by Ld. A.P.P. that applicants/accused are
having criminal antecedents and 10 motor cycles are recovered
from them in connection of other crimes registered at various police
stations. Hence, it is prayed that bail application should be rejected.
However, merely because the applicants have some antecedents
would not be a ground to deny bail to them. Considering the fact
that prima facie there is no material to connect the applicants to the
present incident. Merely on the basis of criminal antecedents the
claim of applicants/accused cannot be denied. It is material to note
that applicants/accused were released on bail in the said crimes by
the Court. The copies of bail orders are filed on record. Therefore,
there is no hurdle to grant bail to applicants/accused persons.

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Stringent conditions can be imposed upon applicants/accused, so
that they should not involve in other crimes.
10.

Considering the nature of offence and the role played
by the applicants/accused in the crime, I am of the view that
applicants/accused are entitled for grant of regular bail. Therefore,
the bail application is needs to be allowed. Hence, I proceed to pass
following order :ORDER
1. Criminal Bail Application No.518 of 2024 filed by Applicants/
accused is allowed.
2.

Applicants/accused persons namely 1) Sahil Shahidali Shaikh
@ Bappi and 2) Mohammed Mujjashim Sehzad Shaikh @ Babu @
Mujjashim Mohammed Shahzade Shaikh, both resident of MaladWest, Mumbai be released on regular bail on furnishing P. R. Bond
of Rs.15,000/- each along with one surety in like amount each in
connection with C.R. No.675/2023 registered with Deonar Police
Station for the offence punishable under Sections 379 r/w 34 of the
I.P.C. on following conditions :(a) The applicants/accused are directed to attend the concerned
Court on every date.
(b) The applicants/accused and their sureties shall provide their
respective residential addresses, mobile numbers and email
addresses,
if
any
to
investigation
officer.

The
applicants/accused shall intimate any such change in address
or telephone number and Email ID forthwith.
(c) The applicants/accused should not directly or indirectly make
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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 applicants/accused shall not leave India without prior
permission of Ld.Trial Court.
(e) The applicants/accused are directed not to commit similar types
of offence after releasing on bail.
(f) Breach of any conditions by the the applicants/accused, shall
result in cancellation of bail.
3. Provisional cash bail of Rs.15,000/- each is allowed to the
applicants/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.518 of 2024 stands disposed off
accordingly.

Date : 07.03.2024
Dictated on
: 07/03/2024
Transcribed on : 11/03/2024
HHJ signed on : 12/03/2024
[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 2.50 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 07/03/2024
JUDGMENT /ORDER signed by 12/03/2024
P.O. on
JUDGMENT /ORDER uploaded 12/03/2024
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