B.A.912/2024
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MHCC020057712024
IN THE COURT OF SESSIONS FOR GREATER BOMBAY
AT BOMBAY
CRIMINAL BAIL APPLICATION NO.912 OF 2024
IN
C.R.NO.206 OF 2024
Sahil Shahnoor Shaikh
Age : 23 years, Occ : Service,
Residing at Room no.401,
Vastu Nirman Apts, Agarwal
Circle, Vasant Nagari, Near
Fire Brigade, Nalasopara
(East), Vasai, Palghar – 401
209
…Applicant
Vs.
The State of Maharashtra
(Through Vakola Police
Station)
CORAM:
…Respondent
HH THE ADDL.SESSIONS JUDGE
SHRI. V. M. SUNDALE
(Court Room No.27)
DATE : 16th April 2024
Shri Mosin Idris Naik, learned advocate for applicant.
Ms. Ratnavali Patil, learned APP for State/Respondent
B.A.912/2024
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ORDER
01.

The applicant Sahil Shahnoor Shaikh has filed this
application under Section 439 of the Code of Criminal Procedure for
granting bail in connection with Crime No.206/2024 registered with
Vakola Police Station, Mumbai for the offences punishable under
Sections 420 r/w 34 of the Indian Penal Code, on the allegations that
the applicant and co-accused induced the informant to transfer
Rs.8,16,200/- by giving an assurances to provide him part time job in
Cleartrip Private Limited and thereby cheated him.
02.

The investigating officer through learned A.P.P. filed reply
(Exh.02) and strongly opposed the application. It is contended that the
applicant and co-accused in furtherance of their common intention
cheated the informant. In the course of investigation it is transpired that
an amount of Rs.50,000/- transferred to the account of present
applicant. It is also transpired that the applicant and co-accused run a
very big cyber network to cheat the public at large. The offence is
serious and investigation is at primary stage. The applicant and coaccused transferred the cheated amount to different accounts. In such
circumstances, if the applicant released on bail there is possibility of
hampering investigation and fleeing away from justice. Hence, the
investigating officer prayed to reject the application.
03.

Heard Shri Mosin Idris Naik, 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 appears that the name of applicant is
not mentioned in the First Information Report. However in the course of
B.A.912/2024
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investigation it is transpired that an amount of Rs.50,000/- transferred
to the account of present applicant. The investigating officer arrested
the applicant on 23/03/2024 and produced before the learned
Metropolitan Magistrate. The applicant was remanded to police custody
till 27/03/2024 and thereafter taken into judicial custody. In the course
of police custody of the applicant nothing could be recovered from the
applicant. It further appears that the investigating officer already made
necessary correspondence to debit freeze the bank account of the
applicant. The charges levelled against the applicant are not exclusively
punishable with death or imprisonment for life. In such circumstances,
it will not proper to deny bail to the applicant merely on the ground
that the offence is serious and the applicant is resident of Uttar Pradesh.
There are no extra ordinary circumstances to keep the applicant behind
bar for indefinite period and complete remaining part of investigation.
The apprehension placed on record by the investigating officer can be
taken care of by imposing certain conditions. In the facts and
circumstances of the case, the applicant is entitled to release on bail.
Hence, the following order is passed.
ORDER
1.

Criminal Bail Application No.912 of 2024 is allowed.

2.

The applicant Sahil Shahnoor Shaikh be released on bail in Crime
no.206/2024 registered in Vakola Police Station for the offences
under Section 419 and 420 of the Indian Penal Code and under
Section 66(c) and 66(d) of the Information Technology Act, 2000
on his executing P.R.Bond of Rs.50,000/- (Rupees Fifty Thousand)
with one or two sureties of the like amount.

3.

The applicant and his surety shall provide their respective mobile
numbers, e-mail address and documents pertaining to place of
residence.

B.A.912/2024
4.

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The applicant shall not directly or indirectly make any
inducement, threat or pressurize any person acquainted with the
facts of the present case so as to dissuade him from disclosing
such facts to the Court.

5.

The applicant shall not leave India without prior permission of
the Court.

6.

The applicant is directed to attend the Vakola police station once
in a week i.e. on every Wednesday between 11.00 a.m. to 1.00
p.m. till filing of charge-sheet and co-operate the investigating
agency.

7.

Provisional cash bail in the like amount is allowed. The applicant
shall furnish surety within four weeks from the date of release
from jail, failing which the cash bail shall stand forfeited without
any separate order.

8.

Breach of any conditions by the applicant shall result in
cancellation of bail.

9.

Bail before learned Metropolitan Magistrate Court.

10.

Thus, Criminal Bail Application No.912 of 2024 stands disposed
of.

16/04/2024
Dictated on
: 16/04/2024
Transcribed on : 18/04/2024
Signed on
: 20/04/2024
VIRBHADRA
MAHADAPPA
SUNDALE
Digitally signed
by VIRBHADRA
MAHADAPPA
SUNDALE
Date: 2024.04.20
17:32:27 +0530
(V. M. Sundale)
Addl. Sessions Judge,
City Civil & Sessions Court,
Gr. Mumbai
B.A.912/2024
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE
ORIGINAL SIGNED JUDGMENT/ORDER.”
Upload Date
Upload Time
20/04/2024
5.45 p.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
16/04/2024
JUDGEMENT /ORDER signed by P.O.
on
20/04/2024
JUDGEMENT /ORDER uploaded on
20/04/2024