IN THE COURT OF SESSIONS FOR GR.BOMBAY AT MUMBAI
BAIL APPLICATION NO.1722 OF 2022
CNR NO.MHCC02-009373-2022
1. Abdul Hasib Dawood Shaikh
Age : 28 years. Occ: Painting
2. Md. Arif Dawood Shaikh
Age : 22 years. Occ: Painting
Both are residing at Dr.Zakir
Hussain Nagar, Infront of Mambara
Masjid, Govandi, Mumbai-400 043.

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

… Respondent.

Ld. Advocate Mr.Lawate for applicant/accused.
Ld.APP Mrs. Raykar for the State.
CORAM : HIS HONOUR THE ADDL.SESSIONS JUDGE
SHRI.M.S.KULKARNI (C.R.NO.56)
DATED : 19th July, 2022
(DICTATED AND PRONOUNCED IN OPEN COURT)
ORAL ORDER
1.

This bail application is in respect of C.R.No.492/2022
registered with Deonar Police Station dated 25.06.2022 for the offences
punishable under Sections 307,324,504 read with Section 34 of I. P.
Code.
2.

The applicants/accused are arrested on 25.6.2022 and
remanded to police custody up to 29.6.2022 and since 29.6.2022 they
have been in judicial custody.

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3.

FIR
in
short
is
that;
the
first
informant
and
applicant/accused are common friend of one Chand Badshah Shaikh the
victim.

On 24.6.2012 the victim had called the first informant and
applicant/accused No.2 for dinner.

After dinner the first informant
requested the applicant/accused No.2 to leave him on his motor bike at
his residence. But the applicant/accused denied. The first informant
got angered and kick to the motor bike of the applicant No.2. Even the
first informant started give dealt blow of wooden plank on the motor
bike. Victim Chand tried to separate them but meanwhile the first
informant dealt blow of said plank of the applicant/accused No.2. So
the applicant/accused No.2 called applicant/accused No.1. On arriving
at the spot applicant/accused No.1 rushed on the body person of the
first informant and knocked him down. The victim tried to help the first
informant at that time the applicant/accused No.1 pushed the victim
and then saying that face the life consequences started to dealt blow of
wooden plank having Neils on the head of the victim. After 3-4 sever
blows plank was broken. Victim also suffered bleeding injuries on head.
So he was taken to the Sion hospital.
4.

The accused have asked for bail on the ground that they
have been falsely implicated.

No medical report has been put on
record. No C.C.T.V. footage has been produced on record. There is
cross-case in between the parties. In fact the applicants/accused and
first informant are family friends of each other and they had come
together to lunch at the house of the victim namely Chand @ Chandu
Badshah Shaikh. Due to misunderstand the FIR came to be lodged.
None is there to look after the family of the applicants/accused. They
would not tamper with the evidence.

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5.

The prosecution has strongly objected bail on the ground
that the victim is not in a position to give the statement, though he has
been discharged. The applicants/accused will pressurize the witness
and they will flee form justice.
6.

I heard learned advocate Mr Lawate and Learned APP
Mrs.Raykar for State at length.
7.

During submission, the APP put on record medical
documents of the victim to show that what was the nature of the injury
sustained by him. The documents show that on 25.6.2022, the victim
was required to face medical surgery due to the assault on his head.
The endorsement of the medical officer dated 25.6.2022 and 26.6.2022
discloses that the victim was not in a position to give statement showing
gravity of the assault but now fact is that victim has been discharged
from the hospital. The offence registered against the applicants/accused
is of section 307 of the I.P.Code. The applicants/accused have been in
custody since 25.06.2022 and so far they are concerned investigation is
almost over.
8.

This court has rejected anticipatory bail in respect of
accomplice of the applicants namely Salman on the ground that he had
played active role and his custodial interrogation is required. But this
denial of anticipatory bail cannot come in the way of this applicants/
accused. But to safeguard the interest of the State there is need to ask
for heavy personal bond and surety bond of applicants/accused and put
certain conditions of them. Accordingly I pass following order;
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ORDER
1.

Bail Application No.1722 of 2022 is allowed.

2.

Applicants/accused Abdul Hasib Dawood Shaikh and Arif Dawood
Shaikh are released on bail in C.R.No. 492/2022 on furnishing PB and
SB of Rs. 30,000/-(Rs. Thirty Thousand) each with one or two surety in
the same amount.
3. Provisional cash security of Rs. 30,000/- each is allowed which will
remain in force for two months. Meanwhile applicants/accused have to
furnish surety as directed above.
4. They shall not flee from justice.
5. They shall not tamper with the evidence and co-operate with the
investigating officer in investigation.
6. They shall attend Deonar Police Station on every Monday and
Thursday in between 9.00 a.m. to 10.00 a.m. till filing of charge-sheet.
7. Applicants/accused not to meet the first informant and witnesses for
year.
8. Bail before trail Court.
9. Bail Application No.1722/2022 stands disposed off accordingly.

Date : 19.07.2022.
Dictated on
Typed on
draft checked on
Retyped on
Signed on
: 19.07.2022.
: 23.07.2022.
: 25.7.2022
: 26.7.2022
: 27.7.2022
(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
: 27.07.2022 at 3.00 p.m.
: Mrs.Prajakta K. More
NAME OF THE JUDGE
HHJ SHRI.M.S.Kulkarni
(C.R.No.56)
Date of Pronouncement of Order
19.07.2022
Order signed by the P.O. On
27.07.2022
Order uploaded on
27.07.2022