1
Cri.BA No.908/2024
MHCC020057662024
IN THE COURT OF CITY CIVIL AND SESSIONS AT GRATER BOMBAY
(COURT ROOM NO.23)
(Presided over by Shri N. P. Tribhuwan, Additional Sessions Judge)
CRIMINAL BAIL APPLICATION NO.908 OF 2024
Applicant :
Joey Harison Joseph
Age : 20 years, Occ : Nil, R/at : Sabu
Siddiqui Road, Opp. Crawford Market, on
Footpath, Mumbai
VERSUS
Respondent :
The State of Maharashtra
Through L. T. Marg Police Station
Mr. Yusuf Ansari, learned Advocate for Accused.
Mrs. Ranjana Budhwant, learned APP for the State.
ORDER
(Delivered on 08/04/2024)
This is an application under Section 439 of Cr.P.C. for
releasing applicant/accused Joey Harison Joseph on bail in Crime
No.111/2024 for the offence punishable under Section 392 r/w 34 of
Indian Penal Code, registered with L. T. Marg Police Station, Mumbai.
2.

Heard learned Counsel for accused and learned APP for the
State. Perused Bail Application, say/reply and documents.
3.

It is case of prosecution that informant Samood Dayem
2
Cri.BA No.908/2024
Mallik is working as a Delivery Boy in the gold ornaments factory of
Rahim Mandal. As usual on 05.02.2024, at about 5.30 p.m. he was
going towards Opera House, Panchratna Mumbai for delivering two
gold bangles of 74 gm having diamonds worth of Rs.9,00,000/-. At
about 6.00 p.m. when informant reached at Dagina Bazaar, Mumbai,
three persons intentionally given him dash and raised quarrel. They
abused and threatened informant. They started snatching the bag of
informant by showing knife and therefore, he shouted. Hence, people
gathered. However, one accused has threatened the people by showing
knife. Therefore, people ran away. The accused who was having the
knife in his hand has snatched the sack-bag of informant and ran away.
Thereafter, informant has taken search of the accused in Zaveri Bazaar
area till 8.00 p.m. and thereafter, went to the house. In the morning at
about 11.00 hours his employer Mr. Rahim Mandal asked about the
delivery of gold bangles and at that time, informant has told him about
the incident. Thereafter, informant has lodged report/complaint.
4.

Learned Counsel for applicant argued that prosecution has
falsely involved the applicant in this case on suspicion. There is delay in
lodging FIR. If such serious incident had taken place, certainly
informant would go to the police station immediately and lodged
report. Therefore, there is no prima-facie case against accused. He is in
judicial custody from more than one month and the filing of chargesheet will take more time. Further he argued that offence leveled
against accused is not punishable with life or death. He has no criminal
antecedent. Co-accused Hussain Yasin Shaikh and Mustakim Salauddin
Ansari were released on bail as per order dated 28.03.2024 and
04.04.2024 passed by this court in Criminal B.A. No.772/2024 and Cri.
BA No.853/2024. Therefore, present applicant/accused is entitled to
3
Cri.BA No.908/2024
release on bail on the ground of parity.
5.

As per reply (Exh.3) filed by prosecution, it seems that
during investigation, Investigating Officer has arrested accused (1)
Mustaqeem Salauddin Ansari, and (2) Hussain Yaseen Shaikh on
08.02.2024 and sought their police custody till 14.02.2024. Accused
No.1 Mustqeem has given disclosure statement u/Sec.27 of the
Evidence Act. Accordingly, in pursuance of the disclosure statement,
Investigating Officer has recovered two gold bangles of 74 gm having
diamonds and weapon knife. As the accused no.3 Joy Harison Joseph
was in jail in another crime no.251/2024, the Investigating Officer has
taken him in custody from Arthur road jail on 22.04.2024. As per
prosecution, accused Nos.1 to 3 in furtherance of their common
intention committed the aforesaid robbery punishable u/Sec.392 of
Indian Penal Code. If accused is released on bail, he will threaten the
informant and prosecution witnesses. He will again commit similar type
of offence and will flee away, if released on bail.
6.

Taking into consideration the above facts, it seems that the
accused/present applicant is in jail from 22.02.2024. The Investigating
Officer has recovered the robbery articles and weapon. Prosecution has
not produced any details to show that accused is habitual offender. It
seems that most of the investigation is completed. In view of above
facts, nature of offence and the punishment provided for the same; it is
desirable to release accused/applicant on bail. Hence, I pass following
order.

4
Cri.BA No.908/2024
ORDER
1.
Criminal Bail Application No.908 of 2024 is allowed as
under:2. Applicant/accused Joey Harison Joseph be released on bail in
Crime No.111/2024 for the offence punishable under Section 392
r/w 34 of Indian Penal Code, registered with L. T. Marg Police
Station, Mumbai ; subject to conditions :
i) Applicant/accused shall execute a Personal Bond for a sum of
Rs.25,000/- with one or more sureties in the like amount.
ii) Applicant shall not tamper with any of the prosecution
witnesses, directly or indirectly.
iii) Applicant shall co-operate with the investigation and make
himself available for interrogation whenever required.
iv) Applicant shall remain present at the concerned Police Station
on every alternate Thursday between 10.00 a.m. to 1.00 p.m. for
a period of 3 months or till filing of charge-sheet whichever is
earlier.
v) Applicant shall not misuse his liberty.
vi) Applicant shall furnish his detail address and mobile number
to the investigation officer and the concerned court. In case
applicant change his residence/address and mobile number, he
shall furnish the same to the I.O and concerned court.
3. Bail before the learned trial court.
4. Inform to the learned trial court.
Date : 08.04.2024.

NITIN
PUNJAJI
TRIBHUVAN
Digitally signed
by NITIN
PUNJAJI
TRIBHUVAN
Date: 2024.04.08
17:45:09 +0530
(N.P. Tribhuwan)
Additional Sessions Judge,
C.R.No. 23, Gr. Mumbai.

5
Cri.BA No.908/2024
Direct dictated on : 08.04.2024
Checked on
: 08.04.2024
Signed on
: 08.04.2024
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
08.04.2024
UPLOAD DATE AND TIME
Mrs. K. S. Bhosale
NAME OF STENOGRAPHER
Name of the Judge (With Court Room HHJ SHRI N. P. TRIBHUWAN
No.)
(C.R.No.23)
Date of Pronouncement of JUDGMENT 08.04.2024
/ ORDER
JUDGMENT/ORDER signed by P.O. on 08.04.2024
JUDGMENT/ORDER uploaded on
08.04.2024