CRI. BA 1578/2022
1
ORDER
MHCC020085722022
IN THE COURT OF SESSIONS FOR GREATER BOMBAY
AT MUMBAI
CRIMINAL BAIL APPLICATION NO. 1578 OF 2022
( CNR NO.: MHCC020085722022 )
Siddhesh Abhimanyu Kamble
Age: 28 years,
Address Room No. 1, Gafoor Chawl,
Narayan Nagar, Nari Seva Sadan Road,
Near Ram Temple, Ghatkopar (W),
Mumbai
V/s.
The State of Maharashtra,
(At the instance of Ghatkopar
Police Station vide C.R.No.146/2022)
…Applicant/Accused
…Respondent/State.
Appearance:
Advocate Sumedh Jagtap, for the applicant/Accused.
Smt. Seema Deshpande, Ld. Addl. P.P., for the State/respondent.
CORAM : H.H. THE ADDL. SESSIONS JUDGE
ANAND PANDURANG KANADE (C.R.60)
DATE : 11.07.2022.
ORDER
1.
Vide present application under Section 439 of Code of
Criminal Procedure, the applicant requested to release him on bail in
Crime No. 146 of 2022 registered at Ghatkopar Police Station for
offences punishable under Sections 394, 506(2), 504 of Indian Penal
Code and 4, 25 of Arms Act along with 37(1)(a), 135 Maharashtra
Police Act..
CRI. BA 1578/2022
2.
2
ORDER
The complainant Munna Ahemad Nijamuddin Siddique is
the resident of Sonia Gandhi Nagar, Ghatkopar (West). The
applicant/accused is residing in the same area. On 25.03.2022 at about
03:30 p.m., the complainant was standing near Mahesh Tadi Center. At
that time, applicant/accused approached him and asked him money to
buy Tadi but complainant refused to give money to the applicant.
Hence, altercation took place between them. Then, applicant/accused
threatened to the complainant by knife and also assaulted him. The
applicant/accused took Rs.1,500/ from the pocket of the complainant
and he left the spot. On 27.03.2022, complainant lodged report with
Ghatkopar Police. On that basis, crime no. 146 of 2022 has been
registered against the accused.
3.
In the course of investigation, police arrested the
applicant/accused and since 04.04.2022, he is in judicial custody.
4.
The applicant has filed the present application to enlarge
him bail. He raised the grounds that he is innocent and has been falsely
implicated in the case. The investigation of crime is completed and
chargesheet has been filed against him. Since last three months, he is
in judicial custody. He is ready to abide by the terms and conditions
that may be imposed on him. He will not tamper with the prosecution
evidence and ready to cooperate the investigation agency. Hence, this
application.
5.
Ld. Addl. P.P. and I.O. filed their Say at Exh – 2 and
resisted the bail application. It is submitted that the applicant/accused
is a habitual offender and there is possibility of repetition of crime, if he
is enlarged on bail. Other 13 crimes are pending against the
CRI. BA 1578/2022
3
ORDER
applicant/accused. Hence, it is prayed to reject the bail application.
6.
Heard both sides. Perused the chargesheet on record. It
reveals that after completion of investigation, chargesheet is submitted
against the applicant/accused. It reveals that on 01.04.2022, I.O.
recorded memorandum statement of applicant/accused and seized
Rs.1,500/ and knife at the instance of applicant/accused. Since
04.04.2022, accused is in judicial custody. He is ready to abide by the
terms and conditions that may be imposed on him. In my view, further
detention of the applicant/accused is not essential. For the foregoing
reasons, I am of view that applicant/accused is entitled to be released
on bail but on certain conditions. Hence, following order.
:ORDER:
1.
The Criminal Bail Application No.1578 of 2022 is allowed as
under.
2.
The applicant accused namely Siddhesh Abhimanyu Kamble be
released on bail on executing personal bond of Rs.20,000/ and one or
two solvent sureties of the same amount in Crime No. 146 of 2022
registered at Ghatkopar Police Station.
3.
Cash security of Rs.20,000/ is permitted provisionally for the
period of 1 month in lieu of the surety bond.
4.
The accused shall submit a list of atleast 3 blood relatives with
their detailed residential addresses and also the addresses of their place
of work if any, and documentary proof of showing the correctness of the
details provided by them.
5.
The accused and the surety shall inform the police authorities as
well as the trial court, the change of their residential address while the
accused is on bail.
CRI. BA 1578/2022
6.
4
ORDER
The accused shall submit copies of at least 2 documents amongst
the Pan Card, Adhar card, Ration card, Electricity Bill, Voter ID card
issued by the election commission or the documents in respect of
immovable properties owned by him.
7.
After submission of the documents as mentioned above, the
Investigating Officer shall conduct physical verification of the residential
address so as to confirm the address appearing on those documents.
8.
The accused shall not make any inducement or threat 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.
9.
The accused shall not leave territorial limits of Mumbai without
prior permission of the court.
10.
The accused shall not commit any offence similar to the offences
of which he is accused in the present matter.
11.
Conditions No. 5 to 8 shall be complied with simultaneous to the
furnishing of the cash security or the surety bond whichever is earlier.
12.
Bail before the Court of Metropolitan Magistrate.
Anand
Pandurang
Kanade
Digitally signed
by Anand
Pandurang
Kanade
Date: 2022.07.11
17:24:43 +0530
(Anand P. Kanade)
Addl. Sessions Judge
Sessions Court,
Mumbai. C.R. 60
Dictated on
Transcribed on
Date of sign
: 11.07.2022
: 11.07.2022
: 11.07.2022
CRI. BA 1578/2022
5
ORDER
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
11/07/2022
, 5.20 p.m.
UPLOAD DATE AND TIME
Mr. Prasad S. Pednekar
NAME OF STENOGRAPHER
Name of the Judge (with Court
Room No.)
HHJ Anand P. Kanade,(C.R.No.60)
Addl. Sessions Judge.,City Civil &
Sessions Court,
Date of pronouncement of /Order
11.07.2022
Order signed by P.O. on
11.07.2022
Order uploaded on
11.07.2022