IN THE COURT OF SESSIONS FOR GR.BOMBAY AT MUMBAI
BAIL APPLICATION NO.1849 OF 2022
CNR NO.MHCC02-020078-2022
Abbas Ismail Shaikh
Age : 20 years. Occ: Student
R/a: Annabhau Shate Society,
Building No.4, Room No.204,
Bharat Nagar, Vasinaka,
Chembur, Mumbai-400 072.

… Applicant/Accused
Versus
State of Maharashtra
(At the instance of RCF
Police Station.)

… Respondent.

Ld. Advocate Mr. M.A.Shaikh for applicant/accused.
Ld.APP Mr. Ramesh Siroya for the State.
CORAM : HIS HONOUR THE ADDL.SESSIONS JUDGE
SHRI.M.S.KULKARNI (C.R.NO.56)
DATED : 6th August, 2022
(DICTATED AND PRONOUNCED IN OPEN COURT)
ORAL ORDER
1.

This bail application is in respect of C.R.No.503/2022
registered with R.C.F. Police Station dated 17.07.2022 for the offences
punishable under Sections 326,323,504 read with Section 34 of the
I.P.C.
2.

The applicant/accused was arrested on 18.7.2022. He was
in police custody till 19.7.2022 and since 20.7.2022 he has been in
judicial custody.
3.

From the FIR it is apparent that the applicant/accused has
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two brothers namely Afzal and Abral. On 17.7.2022 around 11.00 a.m.
in the night all three brothers were quarreling at the passage available
in between Building No.3 and building No.4 of Vashi Naka, MHADA
residency, Chembur.

So when the first informant asked the
applicant/accused why they were quarreling, the applicant/accused
abused him. So the first informant came down from his flat to ask the
reason to the applicant/accused. When the first informant came down
the applicant/accused started to assault him. Meanwhile brother of the
applicant/accused namely Arbal with the help of sharp knife dealt blow
on the nose of the first informant.

When the friend of the first
informant namely Hritik came to rescue him, another brother of the
applicant/accused namely Afzal dealt blow of knife on the forehead of
the Hritik. So the first informant as well as Hritik sustained bleeding
injuries. Applicant/accused and his brother ran from the spot. Then
the first informant and his friend were temporary shifted to Shatabdi
hospital and then to Sion hospital.
4.

On 1.8.2022 when the bail application came for first time
in court, APP and IO were directed to file say. But today also say has
not been put on record. No reason has been assigned for failure to file
say.
5.

The applicant/accused has asked for bail on the grounds
that he has been falsely implicated. He has no criminal antecedents.
No purpose will be served by keeping him behind bar.
6.

The role attributed to the applicant/accused is that he at
first abused the first informant and then assaulted him. No role has
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been assigned against him attracting serious offence, except application
of Section 34 of I.P.C.

Considering the role allegedly played by the
applicant/accused it is not proper to keep him behind bar for further
period. Hence, the order.
ORDER
1.

Bail Application No.1849 of 2022 is allowed.

2.

Applicant/accused Abbas Ismail Shaikh is released on bail in
C.R.No. 503/2022 on furnishing PB and SB of Rs. 30,000/-(Rs. Thirty
Thousand) with one or more sureties in the like amount.
3.

Provisional cash security of Rs. 30,000/- is allowed which will
remain in force for two months. Meanwhile applicant/accused has to
furnish surety as directed above.
4.

Applicant/accused shall not flee from justice.

5.

Applicant/accused shall attend R.C.F police station on every
Monday in between 10.00 a.m. to 11.00 a.m. till filing of the chargesheet.
6.

Applicant/accused shall not tamper with the evidence and co-
operate with the investigating officer in investigation.
7.

Bail before trail Court.

8.

Bail Application No.1849 of 2022 stands disposed off accordingly.

Date : 06.08.2022.
Dictated on
Typed on
draft checked on
Retyped on
Signed on
: 06.08.2022.
: 08.08.2022.
: 08.08.2022
: 08.08.2022
: 08.08.2022
(M.S.Kulkarni)
Addl.Sessions Judge,
City Civil and Sessions Court,
For Greater Bombay
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“ CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE AND TIME
NAME OF STENOGRAPHER
: 8.08.2022 at 4.10 p.m.
: Mrs.Prajakta K. More
NAME OF THE JUDGE
HHJ SHRI.M.S.Kulkarni
(C.R.No.56)
Date of Pronouncement of Order
06.08.2022
Order signed by the P.O. On
08.08.2022
Order uploaded on
08.08.2022