B.A.1048/2024
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MHCC020065552024
IN THE COURT OF SESSIONS FOR GREATER BOMBAY
AT BOMBAY
CRIMINAL BAIL APPLICATION NO.1048 OF 2024
IN
C.R.NO.148 OF 2024
James Bablu Joseph
Age : 29 years, Occ : Borewell
Worker, R/at : Girijabai Chawl,
Vaitra Nagar, Indira Nagar 03,
Near Ashok Nagar, Nahur Road,
Mulund (W), Mumbai
…Applicant
Vs.
The State of Maharashtra
(Through Mulund Police Station)
CORAM:
…Respondent
HH THE ADDL.SESSIONS JUDGE
SHRI. V. M. SUNDALE
(Court Room No.27)
DATE : 02nd May 2024
Shri Prashant R. Patond, learned advocate for applicant.
Ms. Ratnavali Patil, learned APP for State/Respondent
ORDER
01.
The applicant James Bablu Joseph has filed this
B.A.1048/2024
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application under Section 439 of the Code of Criminal Procedure for
granting bail in connection with Crime No.148/2024 registered in
Mulund Police Station, Mumbai for the offence under Section 394,
506(2) of the Indian Penal Code and under Section 37(1)(A), 135 of
Maharashtra Police Act, on the allegations that, the applicant
voluntarily caused hurt to the informant in committing robbery.
02.
The application came to be opposed by the investigating
officer by filing reply (Exh.02). It is contended that the applicant is
having criminal antecedents. It is further contended that on
19/03/2024 at about 9.15 a.m. the informant was going to attend his
job. However, the applicant looted the informant by showing fear of
knife and also caused serious injury to him. According to the
investigating officer, in such circumstances, if the applicant released on
bail there is possibility of creating law and order problem in
forthcoming Loksabha elections and other festivals. Hence, the
investigating officer prayed to reject the application.
03.
Heard Shri Prashant R. Patond, 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. The name and role of the applicant is
specifically mentioned in the First Information Report. It is alleged that
on 19/03/2024 at about 9.30 a.m. the informant was going to attend
his job and when he reached in front of Pooja Nursing Home, J.N.Road,
Mulund (E), Mumbai, at the relevant time the applicant forcibly took
out Rs.200/- from the informant under the fear of knife and also
threatened to kill him. It is further alleged that the applicant also
B.A.1048/2024
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caused serious injury to the informant. The investigating officer
opposed the application mainly on the ground that the applicant is
having criminal antecedents and the offence of causing hurt in
committing robbery is serious. It appears that after registration of the
offence the investigating officer arrested the applicant on 20/03/2024
and produced before the learned Metropolitan Magistrate. The
applicant was remanded to police custody till 22/03/2024 and
thereafter taken into judicial custody. In the course of investigation the
investigation officer has recovered weapon of offence i.e. knife and
Rs.100/- from the applicant. It further appears that the applicant is
having criminal antecedents and near about 12 similar crimes are
registered against him in different police stations. The applicant has
committed most of the above crimes while he was on bail. The offence
under Section 394 of the Indian Penal Code is serious and punishable
with imprisonment for life or ten years. The investigation is going on.
The apprehension placed on record by the investigating officer are well
founded. In the facts and circumstances of the case the applicant is not
entitled to release on bail. Hence, the following order is passed.
ORDER
1.
Criminal Bail Application No.1048 of 2024 is rejected.
2.
Thus, Criminal
disposed
of.
Bail Application No.1048 of 2024 stands
Digitally signed
by VIRBHADRA
VIRBHADRA MAHADAPPA
MAHADAPPA SUNDALE
Date:
SUNDALE
2024.05.03
12:14:10 +0530
02/05/2024
Dictated on
: 02/05/2024
Transcribed on : 02/05/2024
Signed on
: 02/05/2024
(V. M. Sundale)
Addl. Sessions Judge,
City Civil & Sessions Court,
Gr. Mumbai
B.A.1048/2024
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE
ORIGINAL SIGNED JUDGMENT/ORDER.”
Upload Date
Upload Time
03/05/2024
12.15.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
02/05/2024
JUDGEMENT /ORDER signed by P.O.
on
02/05/2024
JUDGEMENT /ORDER uploaded on
03/05/2024