MHCC020077552024
IN THE COURT OF SESSIONS FOR GREATER MUMBAI,
AT MUMBAI
CRIMINAL BAIL APPLICATION NO. 1246 OF 2024
Karan Ganesh Shinde
Age 24 years, Occ : Service,
Room No.7, Shobharam Bhat Chawl,
Near Municipal School No.3,
Bhatwadi,
Ghatkopar (W), Mumbai 84.

… Applicant/accused
Vs.
The State of Maharashtra
(At the instance of Ghatkopar
Police Station, Mumbai
Vide C.R.No.332/2024)
… Respondent
Appearances :Mr. Dilip Parmar / Ms. Rekha Udhane, Ld. Adv. for applicant.
Mr. Ld. APP Veena Shellar for State/respondent.
CORAM : H. H. THE ADDL. SESSIONS JUDGE,
SHRI A. A. KULKARNI (C.R. NO.22)
Incharge of C.R.No.60
DATED : 13th May, 2024
ORDER
This is an application under Section 439 of Cr.P.C. for bail.
Heard Ld. Advocate for applicant and Ld. APP for the state. Perused
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BA 1076/24
application, say and other documents on record.
2.

It is contention of the applicant that the applicant is
arrested by Ghatkopar Police Station, Mumbai in connection with C.R.
No.332/2024 for the offence punishable u/s 143, 144, 147, 149, 307,
324, 504, 506(II) of the IPC and Section 4, 25 of the Indian Arms Act,
Section 37(1)(a), 135 of Maharashtra Police Act. It is further contended
that, applicant is innocent and he is falsely implicated in this case.
Nothing is seized at the instance of applicant. The accused
is not
present at the incident spot. In such circumstances, there is no further
need of detention of the applicant. Applicant is permanent resident of
Mumbai. Applicant is ready to abide conditions impose by Court. Hence,
prayed for grant of bail.
3.

Heard the ld advocate for the appliant and ld APP for the
State / Respondent.
4.

I have gone through the FIR, statement of informant. It is
the contention of the applicant that on the basis of report of Eklavya
Deepak Sonawane in Ghatkopar Police Station, Mumbai, vide
C.R.No.332/2024
for
the
offene
punishable
under
Section
143,144,147,149,307,324,504,506(II) of the IPC and Section 4, 25 of
the Indian Arms Act, Section 37(1)(a), 135 of Maharashtra Police Act,
in connection of crime applicant is arrested. During the investigation
investigating officer found that at the time of alleged offence applicant
was not present on the spot and he was not involved in the commission
of offence. Therefore, investigating officer filed report under Section
169 of Cr.P..C. before the ld. Metropolitan Magistrate. The Ld.

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BA 1076/24
Magistrate called report of the informant and APP. Thereafter, till today
report is not filed and applicant is not released. Hence by way of this
application applicant prayed for released on bail.

5.

The ld APP and I.O. filed say and opposed the application.

It is their contention that investigation / case is still in progress. If the
applicant is released on bail. There is possibility of tampering of
evidence. Hence, prayed for rejection of the application.

6.

In view of submissions of both the sides the Investigating
Officer has submitted report under Section 169 of Cr.P.C. stating that
there is no sufficient evidence against the applicant to proceed with the
case. In such circumstances further detention of the applicant can not
be justified on any ground. Hence, in such circumstances, I am of the
opinion that, further detention of applicant is not required. The
applicant is entitled for the bail. Therefore, I pass following order :ORDER
1.

Criminal Bail Application No. 1246 of 2024 is allowed.

2.

Applicant/accused Karan Ganesh Shinde be released on bail on
furnishing P.R. Bond of Rs.15,000/- in connection with C.R.
No.332/2024 registered with Ghatkopar police station punishable
under Section 143,144,147,149,307,324,504,506(II) of the IPC
and Section 4, 25 of the Indian Arms Act, Section 37(1)(a), 135
of Maharashtra Police Act.

3.

Applicant/accused shall cooperate police during investigation by
attending investigation officer on written notice.

4.

Bail before learned Court below.

-45.

BA 1076/24
Criminal Bail Application No.1246 of 2024 stands disposed of
accordingly.

Date : 13.05.2024
(A. A. Kulkarni)
Additional Sessions Judge,
Sessions Court,
Gr. Bombay (C.R.No.22)
Directly dictacted on computer : 13.05.2024
HHJ signed on
: 13.05.2024
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BA 1076/24
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
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Room No.)
Incharge of CR.No.60
Date of Pronouncement
JUDGMENT /ORDER
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