MHCC020041112024
IN THE COURT OF SESSIONS FOR GREATER MUMBAI,
AT MUMBAI
CRIMINAL BAIL APPLICATION NO. 639 OF 2024
Mr. Altaf Mohd. Qadeer Qureshi
Plot No. 50, Rood No.6,
Near BMC School No.2, Govandi,
Mumbai.

… Applicant/
Org. Accused
Vs.

The State of Maharashtra,
(At the instance of Shivaji Nagar police
station, Mumbai).

… Respondent/
Org. Complainant
Appearances :Mr. Shahid Pathan, Ld. Adv. for applicant/accused.
Mr. J. N. Suryawanshi, Ld. A.P.P. for respondent/State.
CORAM : H. H. THE ADDL. SESSIONS JUDGE,
SHRI A. A. KULKARNI (C.R. NO.22)
DATED : 19th March 2024.
ORDER
This is an application for bail under Section 439 of the
Code of Criminal Procedure. Heard learned Advocate for the applicant
and learned A.P.P. for the respondent/State. Perused the documents on
record.
2.

It is contention of the applicant that he is arrested by
police in connection with C. R. No.1051 of 2023 registered by Shivaji
Nagar police station for the offence punishable under Section 307, 323,
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504, 506(2), 141, 143, 147, 148, 149 of IPC r/w. 4, 25 of Arm Act. It is
further contention that as per the allegations in F.I.R., applicant
is
falsely implicated in the case. Informant is having criminal background.
Applicant is poor and his family is dependent on him. Other co-accused
are released on bail by this court. Hence, prayed for grant of bail.
3.

The learned A.P.P. and Investigating Officer opposed the
application on the ground that one other accused is yet to be arrested.
Present applicant is main accused in this case. Alleged weapon is to be
seized. Hence, prayed for rejection of the application.
4.

In view of submissions from both the sides and on perusal
of F.I.R. allegations in the F.I.R. that incident occurred on 28.11.2023 at
about 6.00 p.m. At relevant time informant was proceeding on his
motor cycle towards house of Farukh near Bharat Nagar Garden, Road
No.13, Baiganwadi,
Rajan Rathod, Sandip Rathod and others were
present on the spot. On previous dispute and allegation that informants
helps Farukh they started abusing informant. During incident accused
Rajan attempt to assault informant on his head by sword. Informant
resisted by his hand and he sustained injury to his left hand. Thereafter
accused Ramzan and Tiwari also assaulted him by sword on his right
leg and backside of head and other parts of the body. It is alleged that
present applicant threatened informant to kill. In view of the such
allegations prima facie name of applicant is not appearing in FIR,
further no specific role is attributed to applicant.

Other accused is
absconding cannot be ground to deny bail to present applicant. In such
circumstance nothing is to be seized at the instance of applicant. In
such circumstance, I am of the opinion that there is no need to further
detention of applicant. Applicant may be directed to appear before
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investigating officer during course of investigation and co-operate. With
such directions and other conditions, applicant may be released on bail.
Therefore, I pass the following order :ORDER
1.

Criminal Bail Application No. 639 of 2024 is allowed.

2.

Applicant/accused Mr. Altaf Mohd. Qadeer Qureshi be released
on bail on furnishing P.R. & S.B. of Rs.25,000/- along with one or
more sureties in the like amount in connection with C.R.
No.1051/2023 registered with Shivaji Nagar police station.

3.

Applicant/accused shall attend Shivaji Nagar police station,
Mumbai, on every Monday till conclusion of investigation or for
three months whichever is earlier.

4.

Applicant/accused shall furnish his residential address proof
and contact numbers to Investigating Officer.

5.

Applicant/accused shall not directly or indirectly, make any
inducement, threat or promise 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.

6.

Applicant/accused shall not leave India without previous
permission of the Court.

7.

Bail before learned Court below.

8.

Criminal Bail Application No.639 of 2024 stands disposed of
accordingly.

Date : 19.03.2024
Directly dictated on computer on : 19.03.2024
HHJ signed on
: 19.03.2024
(A. A. Kulkarni)
Additional Sessions Judge,
Sessions Court,
Gr. Bombay (C.R.No.22)
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
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