Interim Order 1

Order Details: Bail Order
Pdf Text: C. C. No. 2689 PW 2022 State Vs Jahid
CNR No.MHMM18-0014143-2022
ORDER BELOW BAIL APPLICATIONS
(Both bearing B.A. No.131/2023)
1. Perused record. Heard both the sides.
2. Initially on 09.01.2023, the Ld. Advocate for the accused filed first
bail application, in a printed format, by filling details of offence and
police station number mentioning grounds which were already typed. The
said bail application was not pressed.
3. Then on 11.01.2023, at same serial number the another handwritten
application is filed by Ld. Advocate mainly on the grounds that charge
sheet is filed. The property already recovered. The said recovery is not
from the applicant/accused. The allegations are false. Accused has no
criminal antecedents, etc. Therefore, he may be released on bail.
4. Ld. A.P.P. objected to it stating that offence is serious. Involvement
of the accused noticed in the incidence. Therefore, his bail application
shall be rejected.
5. On perusal of record it is noticed that recovery of the valuable
article i.e. wrist watch of value of Rs.13 lacs is shown, but there produced
no record, to show from whom said recovery is made. Attention of the Ld.
A.P.P. drawn towards this fact. After taking instructions from concerned
police station it is informed that the said watch is seized from the present
applicant/accused. Investigating Officer, through Ld. A.P.P. also produced
seizure panchanama dated 27.10.2022. Thus, record reflects that accused
is the person responsible for the theft of valuables.
6. In the background of this fact, if we considered the application it is
shabbily hand written. The grounds assigned are somewhat vague. It can
not be said that allegations are false and accused arrested only ground of
suspicion or doubt. If the contents of the application, if weighed with the
nature of allegations and the value of the property involved, it is clear that
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C. C. No. 2689 PW 2022 State Vs Jahid
CNR No.MHMM18-0014143-2022
on such a grounds bail can not be granted, even if investigation is
completed. Therefore, following order -
ORDER
Application is rejected.
MUMBAI (KOMALSING RAJPUT)
DATE – 13.01.2023 M.M., 12TH COURT, BANDRA, MUMBAI
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