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B.A. 992/2024
MHCC020062142024
IN THE COURT OF SESSIONS FOR GREATER BOMBAY
BAIL APPLICATION No.992 OF 2024
Shankar Gunashekhar Harijan,
Age 39 Years, Occ : Labour.
R/ O :- Near ABC Co. Boat Hard Road,
Reay Road (E), Mazgaon. Mumbai.
… Applicant
– Versus The State of Maharashtra
(At the instance of Sewree P. Stn.
vide Cr. No.25/2004 )
… Respondent
Appearance :Mr. Aniket Gawand, Advocate for applicant.
Mr. Iqbal Solkar, A.P.P. for respondent.
CORAM : RAJESH A. SASNE
ADDITIONAL SESSIONS JUDGE,
COURT ROOM No. 30.
DATED : 26/04/2024.
ORDER
This is an application filed by the accused u/sec.439 of
Criminal Procedure Code for releasing him on bail in connection with
C.R.No.25/2004 registered with Sewree Police Station, Mumbai for the
commission of offence punishable u/sec. 380 of the Indian Penal Code.
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2.
B.A. 992/2024
The accused/ applicant who has been arrested in execution
of NBW has filed this application for release on bail. The application is
opposed by the prosecution vide reply Exh.02. Read the application and
reply. Heard the Ld Advocate for the applicant and Ld APP for the
respondent.
3.
It is contention of the prosecution that the accused is facing
trail for the offence punishable under Section 380 of IPC. The case is of
the year 2005. The accused is arrested in execution of NBW. Record
shows that case is of the year 2004, charge was framed on 09/06/2004.
For want of accused case remained pending. The advocate for the
applicant has produced the copies of roznama which shows that since
prior to year 2019 case is pending on the stage of NBW. Case is very old.
The accused/ applicant failed to remain present and abide by the
conditions of bail. Considering his past conduct, if he is released on bail
he will flee away from justice. Hence considering the age of the case
and past conduct of accused who remained absent for several years, the
application is liable to be rejected. Hence, I pass the following order :
ORDER
Criminal Bail Application No.992 of 2024 is rejected and disposed off
accordingly.
Date : 26.04.2024.
Direct dictated on PC : 26.04.2024.
Signed by HHJ on
: 29.04.2024
( RAJESH A. SASNE )
Additional Sessions Judge,
Gr. Mumbai.
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B.A. 992/2024
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
ORDER.”
30/04/2024
3.08 p.m.
UPLOAD DATE
TIME
Kulkarni
NAME OF STENOGRAPHER
Name of the Judge (With Court H. H. Additional Sessions Judge Shri.
Room No.)
R.A. Sasne
Court Room No. 30.
Date of Pronouncement of ORDER 26/04/2024
ORDER signed by P.O. on
29/04/2024
ORDER uploaded on
30/04/2024