MHCC020074042024
IN THE COURT OF SESSIONS FOR GREATER MUMBAI,
AT MUMBAI
CRIMINAL BAIL APPLICATION NO. 1207 OF 2024
Rahul Madanlal Ahirwar
Age 29 years, Residing at Shanti
Nagar, Kurana Bhopal,
Madhya Pradesh 462030
… Applicant/accused
Vs.
The State of Maharashtra
(At the instance of Dadar Railway
Police Station, Mumbai
Vide C.R.No.361/2024)
… Respondent
Appearances :Ms. Smita Pawar, Ld. Adv. for applicant.
Mr. Iqbal Solkar, Ld. APP for State/respondent.
CORAM : H. H. THE ADDL. SESSIONS JUDGE,
SHRI A. A. KULKARNI (C.R. NO.22)
Incharge of C.R.No.30
DATED : 14th 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
application, say and other documents on record.

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BA 1207/24
It is contention of the applicant that the applicant is
arrested by Dadar Railway Police Station, Mumbai in connection with
C.R. No.361/2024 for the offence punishable u/Section 3,25 of the
Indian Arms Act. It is further contention of the applicant that no arms is
seized from the possession of the applicant. He is arrested on the basis
of Whats App chat found in his mobile phone about advertisement of
sale of bullets. No discovery of bullet is given in the said chat, as no
weapon is found in the possession of the applicant. Hence, prima facie
no offence is made out against the applicant for the offence punishable
under Section 3,25 of Arms Act. There is no need of any recovery at the
instance of the applicant. After sufficient police custody he is remanded
to judicial custody. In such circumstances there is no need of further
detention. Hence prayed for grant of bail.
3.

The ld APP and Investigating Officer opposed the applicant
on the ground that there is connection between the accused No.1
namely Sachin Jadhav and present applicant. By way of Whats App
connection for the purpose of investigation as to where from applicant
is receiving fire arms and its bullets is pending. In view of background
of election conducted the allegation is serious if he is released on bail he
will again involve in business of sale of fire arms. For further detail
investigation presence of accused may be required. Hence prayed for
rejection of the application.
4.

In view of submissions of both the sides prima facie it is
clear that no offence is made against the applicant punishable under
Section 3 and 25 of Arms Act. No other offence is registered against the
applicant. Nothing is objectionable, seized at the instance of the
applicant connecting him with business of sale of arms. No other
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BA 1207/24
offence is registered for which presence of applicant may be required. In
such circumstances further detention of the applicant is not required.
Hence, I pass the following order :
ORDER
1.
2.

3.
4.
5.

6.
7.
8.
9.

Criminal Bail Application No. 1207 of 2024 is allowed.
Applicant/accused Rahul Madanlal Ahirwar be released on bail
on furnishing P.R. Bond of Rs.25,000/- in connection with C.R.
No.361/2024 registered with Dadar Railway police station
punishable under Section 3, 25 of the Indian Arms Act.
Applicant/accused shall attend Dadar Railway Police Station,
Mumbai, as and when required by Investigating Officer on notice.
Applicant/accused shall furnish his residential address proof and
contact numbers to Investigating Officer.
Applicant/accused shall not directly or indirectly, make any
inducement, threat or promise to any person acquainted with the
facts of the case so as to dissuade him from disclosing such facts
to the Court or to any Police Officer.
Applicant/accused shall not leave India without previous
permission of the Court.
Request of provisional cash surety is allowed for eight weeks.
Bail before learned Court below.
Criminal Bail Application No.1207 of 2024 stands disposed of
Digitally
accordingly.
signed by
AJAY ANIL
KULKARNI
Date:
2024.05.14
15:46:17
+0530
Date : 14.05.2024
(A. A. Kulkarni)
Additional Sessions Judge,
Sessions Court,
Gr. Bombay (C.R.No.22)
Directly dictacted on computer : 14.05.2024
HHJ signed on
: 14.05.2024
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BA 1207/24
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
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