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MHCC020033322024
IN THE COURT OF SESSIONS FOR GREATER BOMBAY
AT BOMBAY
CRIMINAL BAIL APPLICATION NO.479 OF 2024
IN
C.R.NO.283 OF 2023
Mujibur Rehman Aminullah Khan
Aka Raju Pulsar Aka Raju Topiwala
…Applicant
Vs.
The State of Maharashtra
(Navghar Police Station vide
F.I.R.283/2023 under Section
395 of IPC)
CORAM:
…Respondent
HH THE ADDL.SESSIONS JUDGE
SHRI. V. M. SUNDALE
(Court Room No.27)
DATE : 29th February 2024
Shri Ashok Vardhan Purohit, learned advocate for the applicant.
Ms. Ratnavali Patil, learned APP for the State
ORDER
01.

The applicant Mujibur Rehman Aminullah Khan Aka Raju
Pulsar Aka Raju Topiwala has filed this application under Section 439 of
the Code of Criminal Procedure for granting regular bail in connection
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with Crime No.283/2023 registered in Navghar Police Station, Mumbai
for the offence under Section 395 of the Indian Penal Code, on the
allegations that the applicant and co-accused robbed the informant.

02.

The investigating officer through learned APP filed reply
(Exh.02) and opposed the application. It is contended that the offence is
serious. The applicant and co-accused took out gold chain, watch, and
wallet from the informant and robbed him. The applicant is having
criminal antecedents and he frequently changes his residence.
According to the investigating officer in such circumstances, if the
applicant released on bail there is possibility of committing similar
offence, pressurizing the prosecution witnesses and fleeing away from
justice. Hence, the investigating officer prayed to reject the application.
03.

Heard Shri Ashok Vardhan Purohit, learned advocate for
the 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 of the applicant is not
mentioned in First Information Report. It appears that the First
Information Report registered against unknown persons. The name of
the applicant transpired in the course of investigation. It is alleged that
on 15/11/2023 the applicant and co-accused forcibly took out gold
chain, watch and wallet of the informant and robbed him. However, in
the course of investigation, the investigating officer recovered only
Rs.5,000/- from one Minas Nisar Khan, wife of co-accused. In this
matter, the investigation is completed and charge-sheet is filed. The
investigating officer has not placed on record any proof to show that the
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amount recovered from Minas Nisar Khar is sale proceed of gold chain
belonging to the informant. The applicant is in jail since last more than
two months. It is true that in all eight offences are registered against the
applicant in different police stations. However, merely on that ground it
will not proper to keep the applicant behind bar 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 release on bail.
Hence, the following order is passed.
ORDER
1.

Criminal Bail Application No.479 of 2024 is allowed.

2.

The applicant Majibur Rehman Aminullah Khan Aka Raju Pulsar
Aka Raju Topiwala be released on bail in Crime no.283/2023
registered in Navghar Police Station for the offence under Section
395 of the Indian Penal Code on his executing P.R.Bond of
Rs.50,000/- (Rupees Fifty 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
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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.479 of 2024 stands disposed
of.

29/02/2024
Dictated on
: 29/02/2024
Transcribed on : 29/02/2024
Signed on
: 01/03/2024
(V. M. Sundale)
Addl.Sessions Judge,
City Civil & Sessions Court,
Gr. Mumbai
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE
ORIGINAL SIGNED JUDGMENT/ORDER.”
Upload Date
Upload Time
01/03/2024
5.15 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
29/02/2024
JUDGEMENT /ORDER signed by P.O.
on
01/03/2024
JUDGEMENT /ORDER uploaded on
01/03/2024