1
Cri BA No.1108-2024
MHCC020068832024
IN THE COURT OF CITY CIVIL AND SESSIONS AT GRATER BOMBAY
Court Room No.23
(Presided over by Shri N. P. Tribhuwan, Additional Sessions Judge)
CRIMINAL BAIL APPLICATION NO.1108 OF 2024
Applicant/ accused :
Ansari Faizan @ Ansari Faijan Anis Ahamad
Khan, Age : 29 years, Occ : Service
R/o : Room No.1, Robin Bakery, Parthwadi,
L.J. Road, Mahim (W), Mumbai-16
VERSUS
Complainant/Prosecution The State of Maharashtra,
Though Gaondevi Police Station
Mr. Mohd. Taha Khan, learned Advocate for applicant/accused.
Mrs. Ranjana Budhwant, learned APP for the State.
ORDER
(Delivered on 02/05/2024)
This is an application under Section 439 of Cr.P.C. for
releasing accused Ansari Faizan @ Ansari Faijan Anis Ahamad on bail in
Crime No.24/2014 for the offence punishable under Sections 279 and
337 of Indian Penal Code, registered with Gaondevi Police Station,
Mumbai.
2.

Heard learned Counsel for accused and learned APP for the
State. Perused Bail Application, say/reply and other documents.
3.

It is case of prosecution that it has filed charge-sheet
2
Cri BA No.1108-2024
against accused before learned Trial Court in the year 2015 for offence
punishable u/Sec.279 and 337 of IPC. However, accused did not remain
present before learned trial court and hence repeatedly Non Bailable
Warrant issued against him, but he was absconded and could not find.
However, lastly Police have found accused and arrested on 25.04.2024
under execution of NBW. Learned trial court has rejected the bail
application of accused.
4.

Learned Counsel for applicant contended that due to
Covid-19 pandemic and lockdown, accused could not remain present
before learned trial court. His absence was not intentional. He is poor
man of 29 years old. Hence, he prayed for releasing accused on bail.
5.

Offence punishable u/Sec.279 and 337 of Indian Penal
Code is leveled against accused by the prosecution. Needless to say that
due to lockdown in the period of Covid-19 pandemic the Courts were
functioning as per the Standard Operating System issued by Hon’ble
Supreme Court and High Court. Therefore, it is probable that accused
could not remain present. Considering the nature of offence and to have
an opportunity and in view of above facts, it is desirable to release
accused on bail. Hence, I pass following Order.

1.

ORDER
Criminal Bail Application No.1108 of 2024 is allowed.

2. Accused Ansari Faizan @ Ansari Faijan Anis Ahamad be
released
on
bail
in
Crime
No.24/2014
(Case
No.CC40041841/PS/2015) for the offence punishable under
Section 279 and 337 of Indian Penal Code, registered with
Gaondevi Police Station, Mumbai, subject to conditions :
i) Accused shall execute a Personal Bond for the sum of
Rs.15,000/- and shall furnish one or more sureties in the like
amount.

3
Cri BA No.1108-2024
ii) Accused shall not tamper with any of the prosecution
witnesses, directly or indirectly.
iii) Accused shall inform his latest place of residence and mobile
number immediately after being released and/or change of
residence or mobile details, if any from time to time to the Court.
iv) Accused shall appear before the Court regularly on the given
dates.
3. Bail be furnished before learned trial court.

Date : 02.05.2024.

NITIN
PUNJAJI
TRIBHUVAN
Digitally signed
by NITIN
PUNJAJI
TRIBHUVAN
Date: 2024.05.03
11:03:42 +0530
(N.P. Tribhuwan)
Additional Sessions Judge,
CR.No.23, Gr. Mumbai.

Direct dictated on : 02.05.2024
Checked on
: 02.05.2024
Signed on
: 02.05.2024
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
03.05.2024 at 10.59 a.m.
UPLOAD DATE AND TIME
Mrs. K.S.Bhosale
NAME OF STENOGRAPHER
Name of the Judge (with CR No.) HHJ SHRI. N. P. TRIBHUVAN
(C.R.No.23)
Date of announcement of Order
02.05.2024
Order signed by P.O. on
02.05.2024
Order uploaded on
03.05.2024