MHCC020008522024
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IN THE COURT OF SESSIONS FOR GR. BOMBAY
Criminal Bail Application No.127 of 2024
Anwar Hussain Hasan Shaikh
Age 50 years, Occ: Business
R/o 37, Shree Ji Chamber, Kavasji Street
Fort, Mumbai
..Applicant/accused
Versus
The State of Maharashtra
Through M. R. A. Marg Police
Station, Mumbai.
(In C.R.No.02/2024)
…Respondent/State
Coram : Dr. Shri S. D. Tawshikar
(Court No. 10)
Heard on : 30.01.2024
Decided On : 30.01.2024
Appearance:
Adv. Mrs. Misbaah Solkar for applicant/accused
Addl. P.P. Mr. Ajit Chavan for State.
ORDER
(Dictated and pronounced in open court)
This is the first bail application filed under Section 439 of Code
of Criminal Procedure, 1973 (“CrPC” in short) before filing of charge-sheet in
connection with C.R. No. 02 of 2024, registered with M. R. A. Marg Police
Station, Mumbai for the offences punishable under Sections 307, 323, 504
r/w 34 of the Indian Penal Code (“IPC” in short).

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Cri.B.A.127-2024
2.

Perused application and reply (Exhibit-02) filed by the State.

3.

Heard both sides extensively.

4.

It has been alleged that on 02.01.2024 at about 09:30p.m.

applicant and his son namely Rahil have assaulted informant and his brother
namely Hansaraj Ramkumar Yadav (injured). It is alleged that co-accused
Rahil assaulted Hansaraj at abdomen by using knife with intention to kill
him. Accordingly, FIR came to be registered on next morning at 09:13 a.m.
against present applicant and his son.
5.

Smt. Misbaah Solkar the learned advocate for applicant submits
that main allegations of assaulting injured with knife is against co-accused.
Present applicant had no intention to assault informant or his brother. He is
man of 50 years old age, having no criminal antecedents. His entire family is
dependent on him. Applicant is permanent resident of Mumbai. The injured
is already discharged after treatment on 13.01.2024. She submits that
applicant is ready to co-operate in further investigation. Therefore, he may be
released on bail.
6.

Per contra the learned APP Mr. Ajit Chavan strongly objects the bail
application by filing reply. He submits that offence is serious in nature. If
applicant is released on bail, he may pressurize witnesses and may indulge in
similar offence. He ultimately prays to reject the application.
7.

Investigating Officer Shri D. R. Sangale is also present. He
produced medical papers of injured for perusal by the court.
8.

It appears that injured has given history of assault by known
people at 09:20p.m. on 02.01.2024. He suffered stab injury admeasuring
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Cri.B.A.127-2024
5x2x2 cm. at left flank. No other major injury seems to have suffered by him.

Admittedly, blow was given by co-accused. Injured is discharged from
hospital after medical treatment.
The applicant seems to have no criminal antecedents and is having
9.

permanent resident at Mumbai. Investigation with respect to him seems
practically over. Co-accused is already arrested and is behind the bars. Hence,
I find that it would be just and proper to release applicant on bail on certain
conditions. No purpose would be served by keeping applicant behind bars.
Hence, I pass following order.
ORDER
A]
The Criminal Bail Application No. 127 of 2024 is allowed.

B]
The applicant Anwar Hussain Hasan Shaikh be released on
bail in connection with C.R.No. 02 of 2024, registered with M. R.
A. Marg Police Station, Mumbai for the offences punishable under
Sections 307, 323, 504 r/w 34 of the Indian Penal Code, on his
executing P.R. of Rs.25,000/- (Twenty five thousand only)
along-with one surety in like amount on following conditionsi)
Applicant shall not tamper with the evidence of prosecution.

ii)
Applicant 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 tamper with the evidence.

iii)
Applicant shall furnish two documents as to proof of his
residence with his active phone number to the concerned
police station within 7 days after his release from the jail.

iv)
C]
Applicant shall not commit any criminal act while on bail.

Breach of any condition shall entail the consequences of
cancellation of the bail.

D]
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The Bail Application is disposed of accordingly.

Date : 30-01-2024
Dictated on
Transcribed on
Corrected on
Signed on
: 30-01-2024
: 31-01-2024
: 31-01-2024
: 31-01-2024
Cri.B.A.127-2024
(Dr. S. D. Tawshikar)
Additional Sessions Judge,
City Civil Court, Gr. Mumbai
C.R.No.10
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Cri.B.A.127-2024
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE AND TIME
31-01-2024 at 05:30p.m.

NAME OF STENOGRAPHER
Mr. G. N. Sutar
Name of the Judge
(with Court Room No.)
Date of
ORDER
Pronouncement
Dr. S.D. Tawshikar
C.R. No.10
of
JUDGMENT/ 30-01-2024
JUDGMENT/ORDER signed by P. O. on
31-01-2024
JUDGMENT/ORDER uploaded on
31-01-2024