BA 411/2024
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MHCC020028522024
IN THE COURT OF SESSIONS FOR GREATER BOMBAY
AT BOMBAY
CRIMINAL BAIL APPLICATION NO.411 OF 2024
IN
C.R.NO.105 OF 2024
Deepak Jaikishan Sharma @ Magic
Age : 35 years, Occu : Nil
F-07, Shrdi Nagar, Chawl
Karfil Nagar, Manvelpada
Virar East, Palghar – 401 303
…Applicant
Vs.
State of Maharashtra
(Nirmal Nagar Police Station)
CORAM:
..Respondent
HH THE ADDL.SESSIONS JUDGE
SHRI. V. M. SUNDALE
(Court Room No.27)
DATE : 21st February 2024
Shri Ravi Dwivedi learned advocate for the applicant.
Shri Ramesh Siroya, learned APP for the State
Ms. Shrishti Tiwari, learned advocate for Intervner.
ORDER
01.

The applicant Deepak Jaikishan Sharma @ Magic has filed
this application under Section 439 of the Code of Criminal Procedure
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for bail in connection with Crime No.105/2024 registered in Nirmal
Nagar, Police Station, Mumbai for the offences under Section 324, 341,
506(2), 504 r/w. 34 of the Indian Penal Code, on the allegations that
the applicant and co-accused in furtherance of their common intention
caused hurt to the informant by means of wooden stick and threatened
to kill him.
02.

The investigating officer through learned APP filed reply
(Exh.02) and strongly opposed the application. It is contended that the
accused is habitual offender and near about 11 serious crimes are
registered
against
him.

The
applicant
is
convicted
in
Crime
no.220/2013 registered in Nirmal Nagar Police Station, Mumbai for the
offence punishable under Section 302, 324, 143, 147,149, 120-B of the
Indian Penal Code and under Section 3, 4, 25, 27 of Indian Arms Act
r/w. 3(1)(1), 3(1)(2), 3(2), 3(3), 3(4) of the Maharashtra Control of
Organized Crime Act 1999, and lodged in Jail at Kolhapur. The
applicant was released on bail by the Hon’ble Supreme Court of India
subject to certain terms and conditions. However, the applicant has
committed breach of terms and conditions of the bail order and
committed present offence. It is further contended that the applicant is
involved in serious offence and there is his terror in his vicinity. Hence,
the investigating officer prayed to reject the application.
03.

The informant Shri Om Rameshwar Bagoria appeared
through advocate as an intervener and filed affidavit in reply (Exh.04)
stating therein that he has no objection to release the applicant on bail.
04.

Heard Shri Ravi Dwivedi, learned advocate for the
applicant, Shri Ramesh Siroya, learned APP for the prosecution and Ms.

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Shrishti Tiwari, learned advocate for Intervener.
05.

I have carefully gone through record with reference to
submission of both the sides. It appears that the investigating officer
arrested the applicant on 03/02/2024 and produced before the learned
Metropolitan Magistrate. The applicant was remanded to police custody
till 06/02/2024 and thereafter taken into judicial custody. The
investigating officer already recovered weapon of offence i.e. wooden
stick from the applicant under memorandum panchnama. The
investigation is almost completed and presence of the applicant is not
necessary for recovery or discovery. The investigating officer opposed
the application mainly on the ground that the applicant has committed
breach of bail order granted by the Hon’ble Supreme Court and
committed present offence. However, it appears that the applicant is
already convicted in Crime No.220/2023 and undergoing sentence. In
the present matter as discussed earlier, presence of the applicant is not
necessary for any recovery or discovery as the investigation is already
completed. The offence under Section 324 of the Indian Penal Code is
punishable with imprisonment for three years and offence under
Section 506(2) of the Indian Penal Code is punishable with
imprisonment for seven years. The informant personally appeared
before the Court and submitted that he has no objection to release the
applicant on bail. In such circumstances, it will not proper to keep the
applicant behind bar in the present case for indefinite period. The
apprehension placed on record by the investigating officer can be taken
care of by imposing certain stern conditions. In the facts and
circumstances of the case, the applicant is entitled to be released on
bail. Hence, the following order is passed.

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ORDER
1.

Criminal Bail Application No.411 of 2024 is allowed.

2.

The applicant Deepak Jaikishan Sharma @ Magic be released on
bail in Crime no.105/2024 registered in Nirmal Nagar Police
Station for the offences under Section 324, 341, 506(2), 504,
r/w. 34 of the Indian Penal Code, on his executing P.R.Bond of
Rs.25,000/- (Rupees Twenty-Five 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.

4.

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.

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.

7.

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

8.

Bail before learned Metropolitan Magistrate Court.

9.

Thus, Criminal Bail Application No.411 of 2024 stands disposed
of.

21/02/2024
(V. M. Sundale)
Addl.Sessions Judge,
City Civil & Sessions Court,
Gr. Mumbai
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Dictated on
: 21/02/2024
Transcribed on : 22/02/2024
Signed on
: 22/02/2024
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE
ORIGINAL SIGNED JUDGMENT/ORDER.”
Upload Date
Upload Time
22/02/2024
5.15p.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
21/02/2024
JUDGEMENT /ORDER signed by P.O.
on
22/02/2024
JUDGEMENT /ORDER uploaded on
22/02/2024