1
MHCC020023432024
IN THE COURT OF SESSIONS FOR GREATER BOMBAY AT
BOMBAY
( Court No.17 )
(Presided Over by SHRI S.N.PATIL)
CRIMINAL BAIL APPLICATION NO. 317 OF 2024
Shivam Rajesh Kasare
Aged: 27 years, Occupation:R/at:- Room No.13, Shiv Shakti Nagar,
Near Collector Colony, Mahul Road,
Chembur, FCI, Mumbai-400 074.

..Applicant/accused
V/s.
State of Maharashtra.
(Through Chembur Police station)
..Respondent/State.
__________________________________________________________
Appearance:Ld.Adv. Tanaji Pawar for the applicant/accused
Mrs. Ashwini Raykar Ld.A.P.P.for the State/respondent.
______________________________________________________________
CORAM : SHRI S.N.PATIL
ADDL. S.JUDGE (C.R.17)
DATE : 22/02/2024
ORAL ORDER
1. Applicant/accused has filed this bail application seeking
regular bail under section 439(1) of Code of Criminal
2
Procedure.
2. Perused the application and say. Heard both sides.
3. The case of the prosecution is that applicant/accused
committed robbery in the house of the informant and stolen
gold & diamond ornaments and cash to the tune of Rs.3.90
lacs.
4. On the basis of the said information containing the above
allegations, crime bearing No.31 of 2024 is registered at
Chembur Police Station for the offence punishable under
Section 457 and 380 of the Indian Penal Code.
5. Applicant/accused prayed for bail on the grounds that he is
falsely
implicated
in
the
present
case.

The
applicant/accused has no connection with alleged offence
as
Rs.5000/-
is
shown
to
be
recovered
from
applicant/accused only. There is no eye witness in this case
except the informant. By making the aforesaid submissions,
Ld. Counsel appearing for applicant/accused prayed to
release him on bail.
6. On the contrary, Ld. A.P.P. submitted that applicant/accused
has committed serious crime and if he is released on bail,
he will commit similar type of offence again and may
abscond. By making these submissions, Ld. A.P.P. prayed to
reject the bail application.
7. Considered the submissions advanced on behalf of both
sides. Ld. Counsel appearing for applicant/accused argued
that there is no eye witness to the incident. Rs.5000/- was
3
alleged to be recovered from the applicant/accused. By
making these submissions, Ld. Counsel appearing for
applicant/accused prayed to release him on bail.
8. Ld. A.P.P. submitted that investigation is not yet completed
and prayed to reject the bail application.
9. Considered the submissions advanced on behalf of both the
sides. There is no eye witness to the incident. As per the
say of the prosecution, on perusal of CCTV footage, it is
clear that two unknown persons were found in suspicious
condition on the date of incident.

The prosecution
contended that if the applicant/accused is released on bail,
he will commit similar type of offence again. However, by
imposing stringent conditions on applicant/accused, the
said apprehension of prosecution can be ruled out.
Considering the nature of the offence and the role played
by the applicant/accused in the commission of the alleged
crime, I am of the opinion that this is a fit case in which
discretion can be exercised in favour of applicant/accused.
Hence, I incline to release him on bail. In the result,
following order:ORDER
1.

Bail application No.317 of 2024 is allowed.

2.

The applicant/accused- Shivam Rajesh Kasare be
released on furnishing PB of Rs. 25,000/- with one surety
of the like amount in CR No.31 of 2024 registered at
Chembur police station.

4
3.

The 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 or tamper with the
evidence.
4.

The accused/applicant shall not commit similar
offence
while on bail.
5.

The accused/applicant shall not leave India without prior
permission of the Court.
6.

The accused/applicant is directed to attend Chembur police
station once in a calender month between 11.00 am and 2.00 pm.
7.

The accused/applicant be released on provisional cash bail
of Rs.25,000/- for a period of four weeks from today.
8.

Bail Application No.317 of 2024 is disposed of accordingly.

9.

Bail before Ld. M.M.

( S.N.PATIL )
Addl. Sessions Judge
City Civil & Sessions
Court, Gr. Bombay.

22/02/2024
Dictated on
Transcribed on
Signed on
:
:
:
22/02/2024
22/02/2024
22/02/2024
5
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE
ORIGINAL SIGNED JUDGMENT/ORDER”.

23/02/24 at 04.30 pm.

Mrs.Tanushree C.Kamble
Name of the Judge
HHJ SHRI S.N.PATIL
Date of Pronouncement of
judgment/order
22/02/2024
Judgment and order signed by P.O.

22/02/2024
Judgment/order uploaded on
23/02/2024