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B.A. 862/24
MHCC020054822024
IN THE COURT OF SESSION FOR GREATER BOMBAY
CRIMINAL BAIL APPLICATION No.862 OF 2024
Shahid Mohammed Hussain Shaikh
Adult Indian Inhabitant, Aged – 40 years,
Occ : Service, Residing at R.No.202,
Paskal Colony, Near Shaheed Road, Bandra Plot,
Jogeshwari (E), Mumbai 400 060.
Applicant
…
– Versus The State of Maharashtra
(At the instance of DCB CID
Unit-VIII Mumbai vide CR. No.01/2024
(Corresponding C.R.No.19/2024,
Azad Maidan Police Station)
… Respondent
Appearance :Advocate Bimala P. Chounal for the applicant.
APP Iqbal Solkar for the respondent / State
CORAM : RAJESH A. SASNE
ADDITIONAL SESSIONS JUDGE,
COURT ROOM No. 30.
DATED : 04/04/2024
ORDER
This is bail application by the accused u/sec.439 of
Criminal Procedure Code for releasing him on bail in connection with
C.R.No.01/2024
registered
with
DCB
CID,
Unit-VIII,
Mumbai
(Corresponding C.R.No.19/2024, Azad Maidan Police Station ) for the
commission of offences punishable u/sec.406, 420, 465, 467, 468, 471,
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B.A. 862/24
120(B), 34 of the Indian Penal Code.
2.

It is alleged by the applicant / accused that he is innocent
and falsely implicated in the present case. The accused is arrested on
07.01.2024. He has undergone custodial interrogation. The applicant /
accused is the sole earning member in the family. He has no criminal
antecedent. Investigation is completed. Charge sheet is filed. Therefore,
there is no point in keeping accused behind bars. He is permanent
resident of his given address therefore applicant / accused prayed for
releasing him on bail.
3.

The prosecution opposed the application by filing reply
vide Exh.2. It is the contention of the prosecution that if accused is
released on bail it will affect on the collection of evidence. If accused is
released on bail there are chances of flee away from justice. If accused
is released on bail there are chances of threatening of prosecution
witnesses and tampering of prosecution evidence. Hence, prosecution
prayed for rejection of the application.
4.

Read the application, say filed by the prosecution. Heard
the ld. Advocate for the applicant, ld. APP for the respondent / State.
5.

I have gone through the documents on record. It is the case
of the prosecution that the informant Akhtar Sirajuddin Khan was in
search of job at Singapore. The applicant / accused and his associates
induced him by offering job at abroad, accepted the amount from the
informant and thereafter closed down their agency and thereby cheated
the informant and many other persons. Accordingly, the report is lodged
and offence is registered.

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6.

B.A. 862/24
The present applicant / accused has been arrested on
07.01.2024, the investigation is completed and charge sheet is filed.
The co-accused Imran Shaikh and Mohammed Najim Mohammed
Shabbir Manihar are already released on bail. The role attributed to the
present applicant / accused is that he induced the informant by offering
job at abroad and to pay amount for that purpose and thereafter
deceived the informant and witnesses by not providing such job. It is
alleged that the informant has been deceived for tune of Rs.80,000/-. As
aforesaid the investigation is completed and charge sheet is already
filed. Two accused are already released on bail. On the ground of parity
the applicant is entitled for the bail. Further incarceration of the
applicant is unwarranted. If reasonable conditions securing his presence
are imposed, he will be entitled for the bail. Hence, I pass the following
order :
ORDER
1.

Criminal Bail Application No.862 of 2024 is allowed.

2.

The Applicant / Accused Shahid Mohammed Hussain Shaikh,
arrested in C.R.No.01/2024 under Section 406, 420, 465, 467, 468,
471, 120(B), 34 of The Indian Penal Code, registered with DCB CID,
Unit-VIII, Mumbai (Corresponding C.R.No.19/2024, Azad Maidan Police
Station) be released on bail on furnishing P.B. and S.B. of Rs.25,000/with one or two sureties.
3.

The applicant / accused shall not tamper with the prosecution
witnesses and evidence in any manner.
4.

The applicant / accused shall regularly attend the dates of
hearing of the case, unless exempted by the Ld. Metropolitan
Magistrate, Mumbai.

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5.

B.A. 862/24
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 concern Magistrate.

8.

Criminal Bail Application No.862 of 2024 is disposed of
accordingly.
Date : 04/04/2024
Dictated on
: 04.04.2024
Transcribed on
: 05.04.2024
Signed by HHJ on : 05.04.2024
( RAJESH A. SASNE )
Additional Sessions Judge,
Gr. Mumbai.

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B.A. 862/24
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
ORDER.”
05/04/2024
5.38 p.m.

UPLOAD DATE
TIME
J.S. Chavan
NAME OF STENOGRAPHER
Name of the Judge (With Court H. H. Additional Sessions Judge Shri. R.A
Room No.)
Sasne, Court Room No. 30.
Date of Pronouncement of ORDER 04/04/2024
ORDER signed by P.O. on
05/04/2024
ORDER uploaded on
05/04/2024