Bail Application No.637/2024.
MHCC020041042024
IN THE COURT OF ADDITIONAL SESSIONS JUDGE MUMBAI,
AT GR. MUMBAI
CRIMINAL BAIL APPLICATION NO. 637 OF 2024.
IN
C.R. NO. 38 OF 2024.
Abubakar Mohammad Ali Shaikh.
…Applicant.
Vs.
1. The State of Maharashtra,
2. Sr. Inspector of Police, RAK Marg Police
Station, Vide C.R.No.38/2024).
…Respondent.
Appearances :Ld. Adv. Mr. N. P. Paithane for the Applicant/accused.
Ld. APP. Mr. Abhijeet Gondwal for the State/Respondent.
CORAM : H.H. THE ADDITIONAL SESSIONS JUDGE
DR. A. A. JOGLEKAR (C.R.NO.37)
DATED : 14TH MARCH, 2024.
ORAL ORDER
By this application the applicant Abubakar Mohammad Ali
Shaikh being accused in C.R.No.38/2024 registered with RAK Marg
Police Station for the offences punishable under Sections 406 and
420 of the Indian Penal Code, (hereinafter referred to as, “IPC”)
alongwith Section 3 of Maharashtra Narbali and others Amanush
Prohibition Act 2013, seeks bail under Section 439 of the Code of
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Bail Application No.637/2024.
Criminal Procedure, 1973 (In short, “CrPC”). This is an application
preferred by the applicant/accused post filing of charge-sheet.
THE CASE OF PROSECUTION IN SHORT ENSUES AS UNDER;
2.
As from the month of March 2023 until October 2023, in
order to recover from the medical ailments faced by the informant
and for the purposes of resolving the disputes between the
informant’s mother-in-law and sister-in-law, for getting her motherin-law recovered from the medical ailments faces by her, in order to
secure job at US for her sister-in-law and in order to get recovery
from cancer for informant’s friend Taslim, the accused every time
appraised the informant by tantras and secured the faith of
informant. Further, the accused also received Rs.11,50,000/-, 23 Tola
of Gold and again Rs.6,12,000/- in cash thereby amounting to
Rs.17,62,000/- and has cheated the informant. Hence, the offence
was registered against the applicant/accused under the sections ibid.
3.
Ld.
Advocate
for
applicant
states
that,
the
applicant/accused is falsely implicated. It is categorically stated that,
the series of instances under the present crime/offence as stated by
the informant are totally false.
Further, it is stated that, the
applicant/accused never took any gold articles from any women
inclusive of the informant. Also, the informant has not given details
qua. the date and time when she handed over such sum to the
applicant/accused.
Furthermore, no any individual has registered
any complaint against the applicant/accused for availing such
ornaments or cash. It is stated that, the accused is unmarried and
hence, as the informant had given proposal to the accused to marry
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Bail Application No.637/2024.
her, and that when the applicant/accused denied, then the informant
has hatched the such concocted story against the applicant/accused.
Hence, the Ld. Advocate for applicant/accused prayed for enlarging
the applicant/accused on bail.
4.
Per contra the Ld. Prosecutor has filed their reply vide
Exh.2 and inter alia have resisted the application on various grounds.
It is categorically stated that, the applicant/accused has committed a
serious crime and has availed such sum and ornaments from the
informant and his relatives and has cheated them.
The
applicant/accused has also appraised certain people of getting their
passport and visa prepared and investigation to that effect is under
progress. Further, the prosecution has invited the attention of this
Court that, the applicant/accused has made a disclosure statement
and which has effected into the pursuant recovery. Ld. Prosecutor
further apprehends for abscondance, tampering of evidence and
threatening to prosecution witnesses. Hence, the Ld. Prosecutor
prayed for rejection of application.
5.
Heard Ld. Advocate for applicant and Ld. APP for the State.
Perused the application and reply.
6.
On meticulous examination of case record, it palpably
evinces to myself that, the applicant/accused has raised for a
technical defense stating that, the informant has not tendered the
details of date and time. Further, it is categorically stated that, the
applicant/accused never took any gold articles from any individual,
this goes to show that cash might have been received. Furthermore,
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Bail Application No.637/2024.
it is the applicant/accused, who has made a disclosure statement and
pursuant to the same recovery has been effected under memorandum
panchnama. This ipso-facto disentitles the applicant/accused from
any such relief of enlargement on bail.
7.
Moreover, while deciding an application for bail it is settled
that the Court is required to see whether the prima-facie case exists
or not. It is not necessary to make roving enquiry or examining the
merits of prosecution case.
8.
Considering the fulcrum of arguments advanced by the Ld.
Advocate for applicant/accused it is evident that, the disclosure
statement palpably locates for the role of applicant/accused in the
present crime. Apart from the same, the investigation is at a nascent
stage and therefore, granting of such relief will naturally derail the
momentum of investigation. Therefore, I do not find this as a fit case
for grant of bail. In the backdrop of aforesaid facts, I hold that, the
application deserves no consideration. Hence, order infra :ORDER
Bail Application No.637/2024 stands rejected and
disposed of accordingly.
DR. ABHAY
AVINASH
JOGLEKAR
Date : 14.03.2024.
Digitally signed by
DR. ABHAY
AVINASH JOGLEKAR
Date: 2024.03.16
15:36:13 +0530
(Dr. A. A. JOGLEKAR)
Additional Sessions Judge,
City Civil & Sessions Court,
Gr. Bombay (C.R.No.37)
Dictated on
: 14.03.2024.
Transcribed on : 14.03.2024.
HHJ signed on : 16.03.2024.
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Bail Application No.637/2024.
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
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