Final Order 1

Order Details: Bail Order
Pdf Text: IN THE COURT OF JUDICIAL MAGISTRATE (FIRST CLASS),
60th COURT, KURLA, MUMBAI
COMMON ORDER PASSED BELOW BAIL APPLICATION NO.,
973.BA.2025, 987.BA.2025, 997.BA.2025 & 1044.BA.2025
CR. NO. 461/2025 OF CHUNABHATTI POLICE STATION
Accused Pradeep V. Gupta, Mohd. Tausif Siddiqui,
Amarchand Yadav, Murseed Ahmed Mansoor and Sadik Ali Moinuddin
Shaikh have filed bail applications. Learned advocates for the accused
have submitted that, accused are falsely implicated in this crime. They
are permanent resident of Mumbai. They are ready to abide the
conditions imposed by Court. Hence, they prayed to release them on
bail.
2. Ld. APP and I.O. have contested this application by filing
their say. It is contended by the Ld. APP that, there is prima facie
evidence against accused. Accused have committed serious and non
bailable offence. Accused will misuse their liberty and will commit
similar offence if released on bail. Therefore he prayed to reject the
applications. It is contended by the I.O. that, accused have run a large
theft racket. If they are released on bail they will again commit similar
offence. Also there is possibility of absconding. Hence, he prayed to
reject the applications.
3. Heard advocates for accused at length. I have gone through
the say filed by the I.O. and Ld. APP. The accused are charged under
section 303(2), 312, 317(2), 317(4), 3(5) of The Bharatiya Nyaya
Sanhita, 2023. It is observed that section 317(4) of the BNS pertains to
the offence of habitually receiving or dealing in stolen property and is
exclusively triable by the Hon’ble Court of Sessions. Considering the
gravity of the offence under section 317(4) of the BNS and the fact that
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it falls within the jurisdiction of the Hon’ble Sessions Court, this Court is
not vested with the jurisdiction to entertain the bail application
concerning the said section. In view of above, I pass following order :
ORDER
1. The bail applications filed by the accused Pradeep V. Gupta,
Mohd. Tausif Siddiqui, Amarchand Yadav, Murseed Ahmed
Mansoor and Sadik Ali Moinuddin Shaikh are hereby rejected.
Date : 07/10/2025.
(V. H. Chavan)
Judicial Magistrate (First Class),
60th Court, Kurla, Mumbai.
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