IN THE COURT OF SESSIONS FOR GR.BOMBAY
AT BOMBAY
BAIL APPLICATION NO.1966 OF 2022
CNR NO. MHCC02-010895-2022
Nazim Ayub Khan
Age : 22 years Occ: Driver.
R/a: Ganesh Mandir, Veer Jijamata
Bhosale Marg, Indira Nagar, Galli No.3,
30 Feet Road, New Mandala, Mankhurd,
Mumbai-400 043.

… Applicant/Accused
Versus
State of Maharashtra
(At the instance of Mankhurd
Police Station.)

… Respondent.

Ld. Advocate Mr. Sanjay Jadhav for applicant/accused.
Ld.APP Mr. Ramesh Siroya for the State.
CORAM : HIS HONOUR THE ADDL.SESSIONS JUDGE
SHRI.M.S.KULKARNI (C.R.NO.56)
DATED : 18th August, 2022.
(DICTATED AND PRONOUNCED IN OPEN COURT)
ORAL ORDER
This bail application is in respect of C.R.No.774/2022
.

registered with Mankhurd Police Station dated 29.7.2022 for the
offences punishable under Sections 395, 380, 457 read with Section 34
of I.P.C.
2.

The accused was arrested on 30.7.2022.

He was in police
custody till 9.8.2022. Since 09.8.2022 he has been in judicial custody.
3.

FIR was lodged by Babbarsingh Laxmansingh Rajput who has
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been engaged in scrap material having shop at Room No.1102, Cristal
Army Building, Khardev Nagar, Khatala, Chembur.

On 28.8.2022 as
usual he closed shop at 9.00 p.m. and came at his residence. On
29.7.2022 in the morning his friend Sandip Sone came to him and
informed him that as per telephonic call of one Akram bhai the
neighbouring shop owner, shop of the first informant was broken open.
So the first informant immediately rushed to his shop.

Thereat he
found that there was theft of scrap material.
4.

During
investigation
investigating
officer
arrested
applicant/accused at first then the investigating officer arrested 3 rd
accused Khalil Shaikh. Thereafter 4th accused namely Shamid was
arrested.
5.

The applicant/accused has asked for bail on the ground that; he
has been falsely implicated in the case; offence punishable under
Section 395 of IPC does not attract in this matter; one of the accused
namely Shamim Mohd. Hanif Khan is already released on bail by
Metropolitan Magistrate Court on 2.8.2022; no evidence about presence
of accused at shop is collected by the investigating officer; there is no
criminal antecedents against him and he is ready to abide by conditions.
6.

The prosecution has objected bail on the grounds that; the
applicant/accused is hurdened criminal; if bail is granted to him, he
would pressurize the first informant and witnesses; muddemal is
recovered at the instance of the applicant/accused; he has committed
offence of dacoity punishable under Section 395 of IPC which is serious
offence and yet investigation is in progress.

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7.

I
heard
Learned
advocate
Mr.

Sanjay
Jadhav
for
the
applicant/accused and Learned APP Mr. Siroya for the State at length.
8.

From the say of the investigating officer it appears that only on
the contention that more than five persons had committed theft, he
wants to apply Section 395 of the IPC in the matter. At this stage it is
not proper to deal with the said fact thoroughly, but though the number
of the persons committing crime must be more than five, only this fact
is not sufficient to attract said section in view of defination of robbery
given under Section 390 of the IPC.

Next thing is that one of the
accused has already been enlarged on bail by the Metropolitan
Magistrate Court under Section 437 of the Cr.P.Code. Said order has not
been challenged by the prosecution. So on the ground of parity the
present applicant/accused deserves to be enlarged on bail. The fact is
that the applicant/accused is not permanent resident of Mumbai, so
some stringent conditions are necessary to safeguard interest of the
prosecution. Accordingly I pass following order;
ORDER
1.

Bail Application No.1966 of 2022 is allowed.

2.

Accused/applicant Nazim Ayub Khan is
released on bail in
C.R.No. 774/2022 on furnishing PB and SB of Rs.25,000/-(Rs. Twenty
Five Thousand) with one or more sureties in the like amount.
3.

Provisional cash security of Rs. 25,000/- is allowed which will
remain in force for two months. Meanwhile applicant/accused has to
furnish surety as directed above.

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4.

Applicant/accused is directed to attend Mankhurd police station
on every Monday in between 10.00 a.m. to 11.00 a.m. till filing of the
charge-sheet.
5.

Applicant/accused shall not flee from justice.

6.

Applicant/accused shall not tamper with the evidence and co-
operate with the investigating officer in investigation.
7.

Bail before trail Court.

8.

Bail Application No.1966/2022 stands disposed off accordingly.

Date : 18.08.2022.
Dictated on
Typed on
Draft checked on
Retyped on
Signed on
:
:
:
:
:
18.08.2022.
20.08.2022.
22.08.2022
23.08.2022
23.08.2022
(M.S.Kulkarni)
Addl.Sessions Judge,
City Civil and Sessions Court,
For Greater Bombay
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“ CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE AND TIME
NAME OF STENOGRAPHER
: 24.08.2022 at 12.14 p.m.
: Mrs.Prajakta K. More
NAME OF THE JUDGE
HHJ SHRI.M.S.Kulkarni
(C.R.No.56)
Date of Pronouncement of Order
18.08.2022
Order signed by the P.O. On
23.08.2022
Order uploaded on
24.08.2022