B.A.186/2022
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Order
IN THE COURT OF SESSIONS FOR GREATER BOMBAY AT BOMBAY
CRIMINAL BAIL APPLICATION NO. 186 OF 2022
( CNR NO.: MHCC020009402022 )
Satish Sayaji Shirke,
Age: 22 years, Occ: Service,
R/o: Nandiwali, Dandwadi
Malibaugh, Taluka Khed,
District Raigad.
…Applicant/Accused.
V/s.
The State of Maharashtra.
( At the instance of Chembur P.Stn.
Vide C.R. No.683/2021)
…Respondents/State.
Appearance:
Ms. Minaz Sayyed Advocate for the Applicant/Accused.
Mr. Ramesh Siroya, APP for the State/respondent.
CORAM : H.H. THE ADDL. JUDGE
SHRI G.B.Gurao (C.R.17)
DATE : 08/02/2022.
ORDER
1.
This is an application under section 439 of Cr.P.C. for bail by
applicant/accused Satish Sayaji Shirke, in crime No.683/2021 under
section 419, 420 r/w 34 of IPC registered at police station Chembur,
Mumbai.
Facts in brief are as under :
2.
Complainant Omprakash Zha is doing the business of Interior
work by name “Aastha Enterprieses”. On 9/9/2021 complainant was
doing the interior work of colouring at LIC Office at Jivan Kunj building
Chembur (E). The workers were doing duty of 8 hours i.e. from 9.30
B.A.186/2022
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Order
a.m. to 5.30 p.m.. It is alleged that complainant had kept 11 tins of 20
liters each colour in LIC Office. On 18/12/2021, after the work, the
worker had gone to their house. On 19/12/2021, at about 1.p.m. one
of the workers namely Arif Mohd. Informed the complainant that the
colour tins are missing. It is alleged that accused committed the offence
punishable under section 420 of IPC.
3.
On the report, crime was registered and during investigation,
police seized 10 tines from the accused at his village Nagothane,
District Raigad.
4.
Ms. Minaz Sayyed Advocate for applicant/accused has submitted
that applicant is innocent and he has not committed any crime.
Ingredients of section 420 of IPC do not attract. Accused is permanent
resident of given address and he undertakes to abide by the conditions,
if any imposed by the Court.
Hence, she prayed to release the
applicant/accused on bail.
5.
Mr. Ramesh Siroya, APP for the State has submitted that if the
accused is released on bail, then he will abscond. He prayed to reject
the application.
6.
Offence punishable under section 420 of IPC is registered against
the accused. It is to be noted that 10 colour tins are seized at the
instance of accused. Thus, major part of the investigation is completed.
Now custodial interrogation of accused is not necessary.
Accused
undertakes to abide by the conditions, imposed by the Court. Hence,
accused is entitled for bail. Therefore, following order.
B.A.186/2022
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Order
ORDER
1.
Bail Application No. 186/2022 is hereby allowed.
2.
Applicant/accused namely Satish Sayaji Shirke shall
be released on his executing PR Bond of Rs.30,000/
(Thirty Thousand only) with one or more sureties of
the like amount on the conditions that :
a)
He shall attend concerned police station as and when
reasonably required by investigating officer till
further orders.
b)
He shall not pressurize the prosecution witnesses in
any manner.
c)
He shall not commit any offence while on bail.
d)
He shall attend the dates of Court regularly unless
exempted by the Court.
e)
He shall furnish his correct address to the
investigating officer.
3.
He be released on provisional cash bail of Rs.30,000/.
Duration of provisional cash bail shall be for four weeks.
4.
Bail before Ld. Magistrate.
5.
Bail Application No.186/2022 is disposed of accordingly.
Digitally
signed by
GIRISH
BALKRISHNA
GIRISH
BALKRISHNA GURAO
GURAO
Date:
2022.02.11
15:04:16
+0530
(G.B.Gurao)
Addl. Judge
City Civil & Sessions Court,
Gr. Bombay.
Dictated on
Transcribed on
Date of sign
: 08.02.2022.
: 10.02.2022.
: 11.02.2022.
B.A.186/2022
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Order
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER”
11.02.2022.
UPLOAD DATE AND TIME
Mrs. S.S.Sawant
NAME OF STENOGRAPHER
Name of the Judge (with Court Room
No.)
HHJ SHRI.G.B.Gurao,(C.R.No.11)
Addl. Judge.,City Civil & Sessions Court,
Date of pronouncement of /Order
08.02.2022.
Order signed by P.O. on
11.02.2022.
order uploaded on
11.02.2022.