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B.A. 1892 OF 22
MHCC020103122022
IN THE COURT OF SESSIONS FOR GREATER BOMBAY
BAIL APPLICATION No. 1892 OF 2022
Mr. Rashid Hausil Khan
Aged : 42 years, Occ. Service,
Residing at near Kalpana Talkies,
behind petrol pump, Ansari Wajan
Kanta, Kurla (w), Mumbai 400 070.
Permanent r/o349, Bankati, Maharu
Murtiha, Dist. Shravasti, U.P.271801
The State of Maharashtra
(Through Kurla P. Stn.
vide CR. No.515/2022)
… Applicant
Versus
… Respondent
Appearance :
Mr. Jaiswar, Advocate for applicant.
Mr. Lade, A.P.P. for respondent.
CORAM : SHRI. S.D. KULKARNI,
ADDITIONAL SESSIONS JUDGE,
COURT ROOM No. 30.
DATED : 20/08/2022.
ORDER
.
This is an application filed by the accused u/sec.439 of
Criminal Procedure Code for releasing him on bail in connection with
CR.No.515/2022
registered
with
Kurla
Police
Station
for
the
commission of offence u/sec.457,380 of Indian Penal Code.
2.
Perused the application, say filed by the prosecution. Heard
both advocates at length.
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3.
B.A. 1892 OF 22
The allegation against the accused that the informant run
his bakery shop by name and style of Shabnam Bakery. There are six
employees in his bakery shop the said bakery used to open at 7.00 a.m.
And closed at 9.00 p.m. On 04.06.2022 the informant came to know
that shutter of the bakery shop is in open condition. The informant
found that cash of Rs.40,000/ were missing from the cash box
therefore, he lodged the report in the Police Station. Lateron,
applicant / accused is arrested in the present crime. The police have
shown the alleged recovery at the instance of the present applicant /
accused. The statement of witnesses also recorded. Therefore, he be
release on bail.
4.
On going through the documents on record it shows that all
these facts shows that previously report was lodged against unknown
persons. It is stated by the prosecution that accused gave confessional
statement and there is seizure of Rs.6000/ from the possession of the
accused. The reply filed by the prosecution shows that accused arrested
by mere suspicion. Since last one month accused is in custody. So
majority part of the investigation is completed therefore, in my opinion
if accused release on bail there will not be hurdle in collection of the
evidence. Accused is permanent residence of Mumbai therefore, it is not
possibility of flee away from the justice. Considering this, I pass the
following order :
ORDER
1]
Bail Application No.1892/2022 is allowed.
2]
Applicant
/
Accused
Rashid
Hausil
Khan
arrested
in
CR.No.515/2022 under Section 457,380 of IPC registered at Kurla
Police Station be released on P.B. and S.B. of Rs. 25,000/ with one or
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B.A. 1892 OF 22
two surety/s.
3]
The applicant / accused shall not tamper with the prosecution
witnesses and evidence in any manner.
4]
The applicant / accused shall attend the concerned police station
on every Sunday between 07:00 p.m. to 09:00 p.m. till further order.
5]
Provisional cash bail in the like amount is allowed. The accused
shall furnish surety within 4 weeks from the date of release from jail
failing which the cash bail shall stand forfeited without any separate
order to that effect.
6]
The applicant / accused shall not leave India without prior
permission of the Court.
7]
Bail before the learned Trial Court.
SANTOSH
DIGAMBAR
KULKARNI
Date : 20/08/2022.
Digitally signed
by SANTOSH
DIGAMBAR
KULKARNI
Date:
2022.08.24
15:34:17 +0530
( S.D. Kulkarni )
Additional Sessions Judge,
Gr. Mumbai.
Dictated on
Transcribed on
Signed by HHJ on
: 20.08.2022
: 22.08.2022
: 23.08.2022
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B.A. 1892 OF 22
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED ORDER.”
24/08/2022
3.00 p.m.
UPLOAD DATE
TIME
J.S. Chavan
NAME OF STENOGRAPHER
Name of the Judge (With Court H. H. Additional Sessions Judge Shri.
Room No.)
S.D. Kulkarni,
Court Room No. 30.
Date of Pronouncement of ORDER 20/08/2022
ORDER signed by P.O. on
23/08/2022
ORDER uploaded on
24/08/2022