BA 441/2024
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MHCC020029992024
IN THE COURT OF SESSIONS FOR GREATER BOMBAY
AT BOMBAY
CRIMINAL BAIL APPLICATION NO.441 OF 2024
IN
C.R.NO.283 OF 2023
Mr. Zakir Ali Shaikh S/o Moinuddin Shaikh
Age : 28 years, Add : Room no.92,
Rafik Nagar, Shivaji Nagar,
Govandi, Mumbai – 400 043
…Applicant
Vs.
The State of Maharashtra
(At the instance of Navghar
Police Station)
CORAM:
…Respondent
HH THE ADDL.SESSIONS JUDGE
SHRI. V. M. SUNDALE
(Court Room No.27)
DATE : 28th February 2024
Shri R.M.H. Jabali, learned advocate for the applicant.
Ms. Ratnavali Patil, learned APP for the State
ORDER
01.

The applicant Mr. Zakir Ali Shaikh S/o Moinuddin Shaikh
has filed this application under Section 439 of the Code of Criminal
Procedure for granting regular bail in connection with Crime
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No.283/2023 registered in Navghar Police Station, Mumbai for the
offence under Section 395 of the Indian Penal Code, on the allegations
that the applicant and co-accused robbed the informant.

02.

The investigating officer through learned APP filed reply
(Exh.2) and opposed the application. It is contended that the offence is
serious. The applicant and co-accused hatched criminal conspiracy and
robbed the informant. It is further contended that co-accused Zakir
Moinuddin Shaikh @ Zakir Lootera is having criminal antecedents. The
applicant
frequently
change
his
residence.

According
to
the
investigating officer in such circumstances, if the applicant released on
bail there is possibility of committing similar offence, pressurizing the
prosecution witnesses and fleeing away from justice. Hence, the
investigating officer prayed to reject the application.
03.

Heard Shri R.M.H. Jabali, learned advocate for the
applicant and Ms. Ratnavali Patil, learned APP for the prosecution.
04.

I have carefully gone through record with reference to
submission of both the sides. It is alleged that on 18/11/2023 at about
12.30 a.m. the applicant and co-accused robbed the informant and took
out his gold chain, smart watch and wallet. It appears that the
investigating officer arrested the applicant on 29/12/2023. However, in
the course of police custody nothing could be recovered from the
applicant. The investigation is completed and charge-sheet is filed. It is
true that in all four crimes are registered against co-accused Zakir
Moinuddin Shaikh @ Zakir Lootera. But nothing is placed on record
about past criminal antecedents of the applicant. The presence of the
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applicant is not necessary for any recovery or discovery. The applicant is
behind bar from last more than two months. In such circumstances, it
will not proper to keep the applicant behind bar for indefinite period.
The apprehension placed on record by the investigating officer can be
taken care of by imposing certain stern conditions. In the facts and
circumstances of the case, the applicant is entitled to release on bail.
Hence, the following order is passed.
ORDER
1.

Criminal Bail Application No.441 of 2024 is allowed.

2.

The Zakir Ali Shaikh S/o Moinuddin Shaikh be released on bail in
Crime no.283/2023 registered in Navghar Police Station for the
offence under Section 395 of the Indian Penal Code on his
executing P.R.Bond of Rs.50,000/- (Rupees Fifty Thousand)
with one or two sureties of the like amount.

3.

The applicant and his surety shall provide their respective mobile
numbers, e-mail address and documents pertaining to place of
residence.

4.

The applicant shall not directly or indirectly make any
inducement, threat or pressurize any person acquainted with the
facts of the present case so as to dissuade him from disclosing
such facts to the Court.

5.

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

6.

Provisional cash bail in the like amount is allowed. The applicant
shall furnish surety within four weeks from the date of release
from jail, failing which the cash bail shall stand forfeited without
any separate order.

7.

Breach of any conditions by the applicant no.1 to 3 shall result in
cancellation of bail.

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8.

Bail before learned Metropolitan Magistrate Court.

9.

Thus, Criminal Bail Application No.441 of 2024 stands disposed
of.

28/02/2024
Dictated on
: 28/02/2024
Transcribed on : 29/02/2024
Signed on
: 29/02/2024
(V. M. Sundale)
Addl.Sessions Judge,
City Civil & Sessions Court,
Gr. Mumbai
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CERTIFIED TO BE TRUE AND CORRECT COPY OF THE
ORIGINAL SIGNED JUDGMENT/ORDER.”
Upload Date
Upload Time
29/02/2024
5.15 p.m.

Name of Stenographer
Mrs. M.S. Putta
Name of the Judge (With C.R. No.)
Date
of
Pronouncement
JUDGEMENT /ORDER
HHJ Shri V.M.Sundale (C.R.No. 27)
of
28/02/2024
JUDGEMENT /ORDER signed by P.O.
on
29/02/2024
JUDGEMENT /ORDER uploaded on
29/02/2024