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BA 538/2024
21/03/2024
MHCC020035762024
Presented on
Registered on
Decided on
Duration
: 29-02-2024
: 29-02-2024
: 21-03-2024
: 20 DAYS
IN THE COURT OF SESSIONS FOR GREATER BOMBAY AT
BOMBAY
( Court No.17 )
(Presided Over by S.N.PATIL)
CRIMINAL BAIL APPLICATION NO.538 OF 2024
Mr.Amjad Akhtar Shaikh
Age: 34 years,Occ:-Driver
R/at. Room No.25, Ambedkar Nagar
Zopadpatti, Tilak Road,
Opp. BEST Colony, Wadala,
Mumbai-400 031.
..Applicant/accused
VERSUS
State of Maharashtra.
(Through Chembur Police station)
..Respondent/State.
________________________________________________________
Appearance:Ld. adv.Avdesh Kanojia h/f adv.Mr.Sakib Shaikh for the
applicant/accused
Mrs. Ashwini Raykar Ld.A.P.P. for the State/respondent.
Ld. advocate Smt. Chitra Salunkhe-intervenor.
________________________________________________________
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BA 538/2024
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CORAM : S.N.PATIL
ADDL. S.JUDGE (C.R.17)
DATE : 21/03/2024
ORDER
1.

This is an application under Section 439(1) of the
Cr.P.C., filed by the applicant/accused to release him on regular
bail.
2.
prosecution.

Perused the application and say filed by the
Heard both sides. Also heard Ld. Counsel Smt.

Chitra Salunkhe who is the intervenor/informant.
PROSECUTION CASE
3.

Informant-Smt.Chitra
Anand
complaint at Chembur Police Station.
applicant/accused-Amjad
Akhtar
Salunke
filed
She alleged that
Shaikh
(referred
as
applicant/accused) was working as a driver with her. He has
stolen Rs.3 lacs of the informant. Applicant/accused used to take
Rs.6,000/- on each Saturday from the informant for filling fuel
in the car of the informant. He used to fill the petrol in the car
of lesser amount and took the bogus bill from the employee of
the petrol pump i.e. accused-Rajkumar Mewalal Prajapati of
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higher amount. Applicant/accused used to give him Rs.300/- for
the said bogus bill. The applicant/accused did not return Rs.3
lacs stolen from the purse of the informant though he has
admitted
that
he
has
stolen
the
said
amount.

The
applicant/accused thus cheated the informant by showing her
fake petrol bills, prepared in conspiracy with accused-Rajkumar
Mewalal Prajapati and other employee of Radiant Petrol Pump.
4.

On the basis of the said information, crime bearing
No.36 of 2024 was registered against the applicant/accused at
Chembur police station for the offence punishable under
Sections 381, 408, 420, 34 of the Indian Penal Code.
Written Submissions
5.

Applicant/accused prayed for bail on following
amongst other grounds:a-
Applicant/accused is falsely implicated in
the present matter.

b-
The applicant/accused is in custody for 32
days. No further detention of applicant/accused
is required.

c-
There is delay in lodging the present F.I.R.

d-
Nothing is recovered from applicant/accused.

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e-
21/03/2024
The informant has not paid him the salary from
past few months and thereafter she filed a false
case against him.

f-
The applicant/accused is the sole bread earner
in his family.

g-
The investigation of this case is practically over.

h-
The applicant/accused is a permanent resident
of Mumbai.

i-
Applicant/accused is ready to abide by the
conditions imposed upon by the Court.
By
making
these
submissions,
Ld.

Counsel
appearing for applicant/accused prayed to release him on bail.
6.

Ld. APP and Investigating officer submits that if
applicant/accused is released on bail, he will commit similar
type of offence, pressurize the witnesses and he may flee away
from justice.
By making these submissions, Ld. APP prayed to
reject the application.
7.

Ld. Counsel Mrs.Chitra Salunkhe submitted that
applicant/accused has duped her in the pretext of refueling of
car. Applicant/accused has stolen Rs.3 lacs which was kept in
her bag. The tank of the car was not refilled with fuel, however,
she was informed that the tank of the car was filled with fuel
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and time and again applicant/accused in connivance with other
accused have duped her by filling the tank of the car with less
fuel. Applicant/accused used to charge for the full fuel tank
every time.

The intervenor has placed on record the xerox
copies of the petrol bill alongwith her intervention application.
She further submitted that if the applicant/accused is released
on bail, he will abscond and will not be available for trial.
By
making
these
submissions,
Ld.

Counsel
Mrs.Chitra Salunkhe prayed to reject the bail application.
Oral Submissions
8.

Ld. Advocate appearing for applicant/accused
submitted that FIR is filed belatedly.

Nothing has been
recovered from the applicant/accused. Applicant/accused has
no criminal antecedents.
By making these submissions, Ld. Advocate for
applicant/accused prayed to release him on bail.
9.

Ld. A.P.P. submitted that investigation is in progress.

If the applicant/accused is released on bail, he may tamper the
prosecution witnesses.
By making these submissions, Ld. A.P.P. prayed to
reject the bail application.
10.

Ld. Counsel Mrs.Chitra Salunkhe submitted that
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there is prima facie case against the applicant/accused.
investigation is not yet completed.

The
The petrol bill depicts
different handwriting of different people. All the accused are
residents of Uttar Pradesh and if they are released on bail they
will abscond and will not be available for trial.
By
making
these
submissions,
Ld.

Counsel
Mrs.Chitra Salunkhe prayed to reject the bail application.
11.

Considered the submissions advanced on behalf of
both sides. It is the contention of the prosecution that
applicant/accused
in
conspiracy
with
accused-Rajkumar
Prajapati prepared fake bills of petrol and cheated the
informant. Nothing has been recovered from applicant/accused.
12.

Though it is claimed by the intervenor that
investigation is not yet completed.

But, from the say of the
prosecution, it can be revealed that the investigation of this
matter is almost completed. Applicant/accused was in police
custody for the period of more than 40 days. Concern document
is recovered from applicant/accused. There is no need to keep
applicant/accused behind the bars as principle of law is that bail
is rule and jail is an exception.
13.

If the applicant/accused is released on bail with
stringent conditions, the purpose would be served and the
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possibility of absconding and tampering with the witnesses may
be curtailed. No purpose would be served by languishing the
applicant/accused behind the bars. So considering all the above
aspects and the nature of the offence, present applicant/accused
is entitled to be released on bail with certain conditions in the
light of alleged apprehension of the prosecution. Hence,
applicant/accused is entitled to be released on regular bail. In
the result, following order:-
ORDER
1.

Criminal Bail Application No.538 of 2024 is allowed
2.

Applicant/accused –Amjad Akhtar Shaikh be released on
furnishing PB of Rs. 25,000/- with one or more solvent sureties
of the like amount in crime No. 36/2024 registered at Chembur
Police Station.
3.

The
applicant/accused
shall
not
tamper
with
the
prosecution evidence or witnesses in any manner.
4.

The accused/applicant 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 or
tamper with the evidence.
5.

The applicant/accused shall remain present before the
investigating officer of Chembur police station once in a month
i.e. 25th day of each calender month till filing of charge sheet for
smooth investigation.

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6.

21/03/2024
The accused/applicant shall not leave India without prior
permission of this Court.
7.

The accused/applicant be released on provisional cash
bail of Rs.25,000/- for a period of four weeks from today.
8.

Criminal bail application No.538 of 2024 is disposed of
accordingly.

( S.N.PATIL )
Addl. Sessions Judge
City Civil & Sessions
Court, Gr. Bombay.

21/03/2024
Dictated on
Transcribed on
Signed on
:
:
:
21/03/2024
21/03/2024
21/03/2024
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CERTIFIED TO BE TRUE AND CORRECT COPY OF THE
ORIGINAL SIGNED JUDGMENT/ORDER”.

22/03/24 at 04.30 pm.

Mrs.Tanushree C.Kamble
Name of the Judge
HHJ SHRI S.N.PATIL
Date of Pronouncement of
judgment/order
21/03/2024
Judgment and order signed by P.O.

21/03/2024
Judgment/order uploaded on
22/03/2024