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MHCC020053302024
IN THE COURT OF SESSIONS FOR GREATER MUMBAI AT MUMBAI
CRIMINAL BAIL APPLICATION NO. 834 OF 2024
Mr. Aslam Noor Mohammad Shaikh
Age : 30 years, Occ.: Business,
R/at : Near Indian Oil,
MHADA Colony Building No.4/B/104,
Govandi Shivaji Nagar,
Mumbai 43.

…Applicant/accused
Vs.
The State of Maharashtra
(Through Shivaji Nagar
Police Station, Mumbai)
…Respondent
Appearance :Mr. M. S. Pathan, 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 : 02nd April, 2024.
(ORAL ORDER)
(Dictated and pronounced in the open Court)
This is an application for bail under Section 439 of the
Code of Criminal Procedure. Heard Ld. Advocate for applicant and Ld.
APP for the State. Perused the application, say and documents on
record.

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2.

It is contention of the applicant that he is arrested by police
in connection with C. R. No. 1100/2023 registered by Shivaji Nagar
police station for the offence punishable under Sections 420, 465, 471,
504 r/w 34 of IPC against applicant. It is further contention that alleged
transaction in between Malikabi and applicant. Applicant is nowhere
involved in the alleged offence. Offence is registered with intention to
recover amount from applicant. Applicant is permanent resident of
Mumbai and he has co-operated police. There is no possibility of
tempering of evidence. Hence, he prayed for grant of bail.
2.

Ld. APP and investigating officer opposed application. It is
their contention that if he released on bail there is possibility of
tempering of prosecution of evidence and absconding. Hence, prayed
for rejection of application.
3.

In view of submissions from both sides and as per
allegation in FIR, informant has alleged that accused namely Mehajabin
Fatima and present applicant represented informant that Mehajabin
Fatima is owner of room Nos. 702 and 703 situated at 7th floor, B-3,
Mahada Colony, Shivaji Nagar, Govandi, Mumbai and received amount
of Rs.3,00,000/- as heavy deposit and thereafter let out it to other
persons and not returned her amount. After arrest of applicant no
property is seized at the instance from police.

From the say of
prosecution it appears that, applicant has acted as agent only. Main role
is played by other accused.

Applicant is not beneficiary of the
transaction. In such circumstances his further detention is not required.
He may be released on bail by imposing conditions to secure his
presence during trial. Therefore I hold that, applicant is entitle to be
released on bail. Hence, I pass the following order :-
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ORDER
1.

Criminal Bail Application No.834 of 2024 is allowed.

2.

Applicant/accused Mr. Aslam Noor Mohammad Shaikh be
released on bail on his furnishing P.R. Bond of Rs.25,000/- along
with one or two sureties of like amount in connection with C.R.
No.1100/2023 registered with Shivaji Nagar police station.

3.

Applicant/accused shall attend Shivaji Nagar police station on
notice of investigating officer.

4.

Applicant/accused shall furnish his residential address proof and
contact numbers to Investigating Officer.

5.

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.

6.

Bail before Ld. Court below.

7.

Criminal Bail Application No.834 of 2024 stands disposed of
accordingly.

Date : 02.04.2024
(A. A. Kulkarni)
Additional Sessions Judge,
Sessions Court,
Gr. Bombay (C.R.No.22)
Directly dictated on computer on : 02.04.2024
HHJ signed on
: 02.04.2024
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
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JUDGMENT /ORDER
HHJ SHRI. A.A. KULKARNI (CR 22)
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