Final Order 1

Order Details: Copy of Order
Pdf Text: ORDER BELOW BAIL APPLICATION OF THE ACCUSED
IN C. R. No. 461/2026 OF SAMTANAGAR POLICE STATION
(1576/BA/2026)
Present application is filed by Defence Advocate for releasing accused
viz. Jaid Sharif Qureshi and Mohammad Moin Yamin Qureshi @ Mona on
bail, from the allegation of commission of offence p/u/s. 303(2), 3(5) of BNS.
2. It has been stated in the application that applicants/accused are
innocent and falsely implicated. Applicant have not committed any crime as
alleged. They have no criminal antecedents. They belong to respectable
family. Hence, Advocate prayed to allow the application.
3. Investigating Officer has resisted the application stating that accused
are habitual offender. If accused are released on bail, they may commit similar
offence or may abscond. Hence, IO prayed to reject the application.
4. Ld. APP has resisted the application stating that offence registered
against accused is serious in nature and non bailable. Stolen property is yet to
be recovered. Investigation is in progress. If accused are released on bail, they
may abscond or may commit similar offence. Hence, APP prayed to reject the
application.
5. Heard both sides. Perused the FIR, remand report as well as say of
investigating officer. It goes to show that nothing has been recovered at the
instance of accused persons. The offence attributed is not punishable with
death or life imprisonment. Furthermore, offence is triable by this court. It
will certainly take time to conclude the trial. No purpose would be served by
keeping the applicants/accused behind the bars. Also, there is general
principle regarding bail of ‘bail is rule and jail is exception’. Hence, the Court
-- 1 of 2 --
is of the opinion that the accused can be enlarged on bail. Thus, the Court
proceed to pass the following order.
O R D E R
i. Application is allowed.
ii. Accused viz. Jaid Sharif Qureshi and Mohammad Moin Yamin Qureshi
@ Mona be released on execution of P. R. and SB in the sum of Rs. 15,000/-
each, providing permanent residential and identity proof.
iii. Accused shall not indulge in similar nature of offence in future and
they shall not threaten informant and witnesses.
iv. Accused shall not tamper with the prosecution evidence.
(A. A. K. Shaikh)
Judicial Magistrate First Class,
Date : 15.07.2026 17th Court, Borivali, Mumbai
-- 2 of 2 --