B.A.1214/2024
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MHCC020074872024
IN THE COURT OF SESSIONS FOR GREATER BOMBAY
AT BOMBAY
CRIMINAL BAIL APPLICATION NO.1214 OF 2024
IN
C.R.NO.674 OF 2021
Mohammed Parvez Abdul Shaikh
Age : 57 years, Occ : Employed
Daily Wages, R/a : Mercantile
Bank, Plot No.3, Lane C, Room
No.10, Shivaji Nagar, Govandi,
Mumbai- 400 043, Maharashtra
…Applicant
Vs.
The State of Maharashtra
(Through Inspector of Police
Mulund Police Station, Mumbai)
CORAM:
…Respondent
HH THE ADDL.SESSIONS JUDGE
SHRI. V. M. SUNDALE
(Court Room No.27)
DATE : 10th May 2024
Shri Amol Palke, learned advocate for applicant.
Shri Abhijeet Gondwal, learned APP for State/Respondent
ORDER
01.
The applicant Mr. Mohammed Parvez Abdul Shaikh has
B.A.1214/2024
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filed this application under Section 439 of the Code of Criminal
Procedure for granting bail in connection with Crime No.674/2021
registered in Mulund Police Station, Mumbai for the offences punishable
under Sections 465, 466, 467, 468, 471, 473, 474, 420 r/w. 34 of the
Indian Penal Code, on the allegations that the applicant and co-accused
forged the documents, used those documents as genuine and furnished
the same alongwith affidavit to the Court to stood as surety of the
accused in criminal cases.
02.
The investigating officer through learned APP filed reply
(Exh.02) and strongly opposed the application. It is contended that in
the course of investigation it is transpired that the applicant forged
documents and stood as surety in C.C.No.603/PW/2018 to the accused
viz., Sandeep Jawahar Gaud on the say of one Muzafar Khan in lieu of
Rs.30,000/-. The applicant has no permanent residence and the offence
is serious. In such circumstances if the applicant released on bail there
is possibility of committing similar offence, fleeing away from justice
and pressurizing the prosecution witnesses. Hence, the investigating
officer prayed to reject the application.
03.
Heard Shri Amol Palke, learned advocate for applicant and
Shri Abhijeet Gondwal, learned APP for prosecution.
04.
I have carefully gone through record with reference to
submission of both the sides. It appears that present offence was
registered after conducting necessary inquiry. The name and role of the
applicant is specifically mentioned in the First Information Report. It is
alleged that the applicant stood as surety to one accused viz., Sandeep
Jawahar Gaud in C.C.No.603/PW/2018 on the basis forged documents
B.A.1214/2024
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prepared by him and also furnished false affidavit. It appears that
accusations made against the applicant are prima facie well founded
and based on the documents. The offence is serious and it has direct
impact on administration of criminal justice. The offence under Section
467 of Indian Penal Code is punishable with imprisonment for life or
imprisonment for term which may extend to ten years. The
investigation is in progress and the applicant has no permanent
residence. 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 be released on bail at this stage. Hence the
following order is passed.
ORDER
1.
Criminal Bail Application No.1214 of 2024 is rejected.
2.
Thus, Criminal Bail Application No.1214 of 2024 stands
disposed of.
Digitally signed
by VIRBHADRA
VIRBHADRA MAHADAPPA
MAHADAPPA SUNDALE
Date:
SUNDALE
2024.05.16
16:18:02 +0530
10/05/2024
Dictated on
: 10/05/2024
Transcribed on : 14/05/2024
Signed on
: 14/05/2024
(V. M. Sundale)
Addl. Sessions Judge,
City Civil & Sessions Court,
Gr. Mumbai
B.A.1214/2024
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE
ORIGINAL SIGNED JUDGMENT/ORDER.”
Upload Date
Upload Time
16/05/2024
4.30 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
10/05/2024
JUDGEMENT /ORDER signed by P.O.
on
14/05/2024
JUDGEMENT /ORDER uploaded on
16/05/2024