CRI. BA 1565/2022
ORDER
1
IN THE COURT OF SESSIONS FOR GREATER BOMBAY
AT MUMBAI
CRIMINAL BAIL APPLICATION NO. 1565 OF 2022
( CNR NO.:MHCC02­008457­2022 )
Abdul Jabbar Shaikh
Age:­ 48 years.
Address: ­ Chawl No. 266,
Room No. 3484, Tagore Nagar,
Group No. 02, Vikhroli (E),
Mumbai No. ­ 400 083
V/s.
The State of Maharashtra,
(At the instance of Vikhroli
Police Station vide C.R.No.57/2022)
…Applicant/Accused
…Respondent/State.
Appearance:­
Mr. Atul Kakade, Advocate for the applicant/Accused.
Mrs. Veena Shelar, Ld. Addl. P.P., for the State/respondent.
CORAM : H.H. THE ADDL. SESSIONS JUDGE
ANAND PANDURANG KANADE (C.R.60)
DATE : 12.10.2022.
ORDER
1.

Vide present application under Section 439 of Code of
Criminal Procedure, the applicant requested to release him on regular
bail in the event of his arrest in Crime No. 57 of 2022 registered at
Vikhroli Police Station for offences punishable under Sections 307, 323,
504, 34 of Indian Penal Code, Sections 37(1)(A), 135 of M.P. Act, 4,27
of Arms Act.

CRI. BA 1565/2022
2.

ORDER
2
Prosecution case in brief is as under :­
Fatima Kasam Shaikh is resident of Abdul Ansari Ground,
Tagore Nagar, Vikhroli (E). Kasam is husband of complainant. Kasam
and applicant/accused are close friends. Applicant/accused also resides
at Abdul Ansari Maidan, Tagore Nagar, Vikhroli. On 21.02.2022 at
about 11:30 p.m., husband of complainant was going to the house of
applicant/accused. At that time, there was quarrel between the
applicant/accused and Kasam. Then, Kasam went to the house of
applicant/accused for sleeping. On 22.02.2022 at about 10:30 a.m.,
Kasam was present in his house. At that time, applicant/accused came
in front of house of Kasam and started abusing to Kasam. Kasam went
out of the house and there was scuffle between the applicant/accused
and Kasam. Applicant/accused inflicted blows of chopper on the head,
hand and back of Kasam. He also assaulted to Kasam by stone.
Thereafter, applicant/accused left the spot. Kasam was treated at Dr.
Babasaheb Ambedkar Hospital, Vikhroli. Then, complainant lodged
report against the accused with Vikhroli Police Station. On that basis,
Crime
No.

57
of
2022
has
been
registered
against
the
applicant/accused.
3.

During the course of investigation, I.O. arrested the
accused. Since 25.02.2022, applicant/accused is in judicial custody. He
has filed the present application to enlarge him on bail. He raised
grounds that he has been falsely implicated in the present case. He
never assaulted or ill­treated to Kasam. There is no prima­facie case
against him. Charge­sheet has been filed against him and his further
detention is not required. He is ready to abide by the terms and
conditions that may be imposed on him. Hence, this application.

CRI. BA 1565/2022
4.

3
ORDER
Ld. Addl. P.P. and I.O. filed their say at Exh – 2 and resisted
the bail application. It is submitted that the applicant/accused and
complainant and victim reside in the same vicinity. There is danger to
the life of complainant and Kasam, if the applicant/accused is enlarged
on bail. There is also possibility of repetition of crime at the hands of
applicant. Hence, it is prayed to reject this bail application.
5.

Heard both sides. Perused papers on record. It reveals that
after completion of investigation, charge­sheet has been filed against
the applicant/accused. It reveals that on 24.02.2022, I.O. seized
chopper and stone at the instance of applicant/accused. Since
25.02.2022, applicant/accused is in judicial custody. His police custody
period is over. No ground is made out for further detention of the
applicant/accused. He is permanent resident of address given in the
application. For the aforesaid reasons, I am of view that application
deserves to be allowed but on certain conditions. Hence, following
order.
:ORDER:
1.

The Criminal Bail Application No. 1565 of 2022 is allowed as
under.
2.

The applicant accused namely Abdul Jabbar Shaikh be released
on bail on executing personal bond of Rs. 20,000/­ and one or two
solvent sureties of the same amount in Crime No. 57 of 2022 registered
at Vikhroli Police Station.
3.

Cash security of Rs. 20,000/­ is permitted provisionally for the
CRI. BA 1565/2022
4
ORDER
period of 1 month in lieu of the surety bond.
4.

The accused shall submit a list of atleast 3 blood relatives with
their detailed residential addresses and also the addresses of their place
of work if any, and documentary proof of showing the correctness of the
details provided by them.
5.

The accused and the surety shall inform the police authorities as
well as the trial court, the change of their residential address while the
accused is on bail.
6.

The accused shall submit copies of at least 2 documents amongst
the Pan Card, Adhar card, Ration card, Electricity Bill, Voter ID card
issued by the election commission or the documents in respect of
immovable properties owned by him.
7.

After submission of the documents as mentioned above, the
Investigating Officer shall conduct physical verification of the residential
address so as to confirm the address appearing on those documents.
8.

The accused shall not make any inducement or threat to any
person acquainted with the facts of the case so as to dissuade him from
disclosing such facts to the court or to any police officer or tamper with
the evidence.
9.

The accused shall not leave territorial limits of Mumbai without
prior permission of the court.
10.

The accused shall not commit any offence similar to the offences
CRI. BA 1565/2022
ORDER
5
of which he is accused in the present matter.
11.

Conditions No. 4 to 8 shall be complied with simultaneous to the
furnishing of the cash security or the surety bond whichever is earlier.
12.

Bail before the Court of Metropolitan Magistrate.
Anand
Pandurang
Kanade
Digitally signed
by Anand
Pandurang
Kanade
Date:
2022.10.14
14:26:11 +0530
(Anand P. Kanade)
Addl. Sessions Judge
Sessions Court,
Mumbai. C.R. 60
Dictated on
Transcribed on
Date of sign
: 12.10.2022
: 12.10.2022
: 13.10.2022
CRI. BA 1565/2022
ORDER
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
14/10/2022
, 2.30 p.m.
UPLOAD DATE AND TIME
Mr. Prasad S. Pednekar
NAME OF STENOGRAPHER
Name of the Judge (with Court
Room No.)

HHJ Anand P. Kanade,(C.R.No.60)
Addl. Sessions Judge.,City Civil &
Sessions Court, Mumbai.

Date of pronouncement of /Order
12.10.2022
Order signed by P.O. on
13.10.2022
Order uploaded on
14.10.2022