CNR No.

MHCC02­006565­2022
IN THE COURT OF SESSION FOR GR. BOMBAY AT MUMBAI
BAIL APPLICATION NO.1195 OF 2022
Amir Hamid Shaikh @ Michale @ Arif Mohd.
@ Aarif Mohad Hamid Shaikh
…
Applicant
Versus
The State of Maharashtra
(At the instance of Police Station,
BKC,
C.R.No.380/2022)
…
Respondent
Appearance:
Mr. Asif Latif Shaikh and Mr. Iqbal Qureshi, Ld. Adv. for applicant
Mrs. Rashmi Tendulkar, Ld. Addl. P.P.
CORAM :
DATE :
HIS HONOUR ADDL.SESSIONS
JUDGE M. G. DESHPANDE
(C.R.No.16)
May 20, 2022
ORDER
1.

Applicant is accused in C.R.No.380/2022 registered with
BKC Police Station under Ss. 353,332,504,505 IPC and Sec.37(1)(a),
135 of Bombay Police Act and under Ss. 51,177 of M.V. Act. He is
praying for bail. Prosecution vide say (Exh.2) referred facts involved in
the incident and further contended to reject the application expressing
the only ground of likelihood of absconding.
2.

Heard Adv. Mr. Asif Shaikh for the applicant and Ld. A.P.P.

Mrs. Rashmi Tendulkar. Following points arise for my determination. I
am recording following findings thereon for the reasons discussed
below :­
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BA No.1195/2022
POINTS
FINDINGS
1.

Whether the applicant­accused has made
out a strong prima­facie case to release him
on bail ?

Yes
2.

What Order ?

Application is
allowed.
REASONS
POINT NO.1.
FACTS INVOLVED IN C.R.NO. 380 OF 2022
3.

Informant is a traffic staff, who was on duty dt.05.05.2022
at Family Court Junction, BKC road. He was controlling traffic. Around
18.10 hours from Bandra­Kurla Road White Activa was found driven by
a person without helmet. Therefore the informant gave signal to the
said person and asked him to stop. However, the said person drove his
Activa in zig­zag manner and tried to flee. But the informant stopped
and asked him to take his active besides road. At that time he abused
the informant saying “eknjpksn] esjh xkMh #dkrk gS] rq eq>s tkurk”
and
thereafter he gave abuses. Informant ignored the same and asked him
to show the driving license. When the said person took out knife from
his right pant packet and caused injury to the finger of left hand of the
informant. Crowd gathered there. The said person was swinging the
knife in air, therefore no one could apprehend him, yet four unknown
persons came to the help of the informant and apprehended the said
person. He was brought to the police station, FIR was registered and
informant was referred to Bhabha hospital. These are the facts.
4.

Admittedly, the applicant was arrested on the same day
i.e. 20.05.2022.

The say of IO indicates that Active driven by the
BA No.1195/2022
.. 3..

applicant was seized. Even the knife allegedly used by the applicant
was seized.

Panchanama of the spot was recorded and even the
statements of witnesses were recorded. All this prima­facie indicates
that investigation is almost over. Considering the punishment provided
under offence under Ss. 353 IPC, I am of the opinion that further
detention of the applicant is not necessary.

The only apprehension
expressed by the prosecution is likelihood of abscondance. Same can be
safeguarded by imposing certain conditions on the applicant. It will
take lot of time to file chargesheet, commitment of case and beginning
of trial. Hence, I hold that applicant has made out strong prima­facie
case. Point No.1 is answered in the affirmative and following order is
passed :­
ORDER
1.

Bail Application No.1195 of 2022 is allowed.

2.

Applicant Amir Hamid Shaikh @ Michale @ Arif Mohd.
@ Aarif Mohad Hamid Shaikh be released on bail in
C.R.No.380/2022 registered with BKC police station by
executing PR bond of Rs.15,000/­ with surety bond of
like amount, on following conditions,
i)
The applicant shall attend BKC Police Station once in a
week on every Friday at any time between 08.00 a.m. to
05.00 p.m. and maintain its record for 60 days.

ii)
The applicant shall undertake not to pressurize
informant and prosecution witnesses, and also not to
tamper with the evidence of prosecution.

iii)
The applicant shall not repeat the crime in future.

iv)
The applicant shall not leave Mumbai without
permission of the Ld. Metropolitan Magistrate
concerned.

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BA No.1195/2022
3.

The applicant is permitted to furnish provisional cash
security of Rs.15,000/­ for a period of two months, with
PR bond as directed above.

4.

Bail before Ld. Court of First Instance.
MADHAV
GOPAL
DESHPANDE
Dt.: 20.05.2022
Signed on
Digitally signed by
MADHAV GOPAL
DESHPANDE
Date: 2022.05.20
17:02:03 +0530
( M.G. Deshpande )
Addl. Sessions Judge.
C.R.No.16, Gr.Bombay at Mumbai
: 20.05.2022
BA No.1195/2022
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
20.05.2022 at
hours
UPLOAD DATE AND TIME
Name of the Judge
Date
of
pronouncement
judgment/order
(KISHOR PRAKASH SHERWADE)
NAME OF STENOGRAPHER
HHJ M. G. DESHPANDE
(COURT ROOM NO.16)
of 20.05.2022
Judgment/order signed by P.O. on
20.05.2022
Judgment/order uploaded on
20.05.2022