1
MHCC020000722024
IN THE COURT OF SESSIONS FOR GREATER BOMBAY AT
BOMBAY
( Court No.17 )
(Presided Over by SHRI S.N.PATIL)
CRIMINAL BAIL APPLICATION NO. 08 OF 2024
Mr.Arbaz Kudarat Shaikh
Aged about 20 years, Occ: Student
R/o Vijay nagar Samrat Ashok Nagar,
Wamanbhau Best chawl Opp. Navjeevan
Society R.C.Marg, Chembur-Mumbai-74.

..Applicant/accused
V/s.
State of Maharashtra.
(Through Chembur Police station)
..Respondent/State.
__________________________________________________________
Appearance:Ld.Adv. K.R.Choube for the applicant/accused
Mrs. Ashwini Raykar Ld.A.P.P.for the State/respondent.
______________________________________________________________
CORAM : SHRI S.N.PATIL
ADDL. S.JUDGE (C.R.17)
DATE : 02/02/2024
ORAL ORDER
1. Applicant/accused has filed this bail application seeking
regular bail under section 439(1) of Code of Criminal
2
Procedure.
2. Perused the application and say. Heard both sides.
3. The case of the prosecution is that accused along with his
other associates assaulted the informant-Somnath Mohan
Jha on 22/11/2023 near Saibaba Mandir, R.C.Marg,
Chembur, Mumbai.

The present accused assaulted the
informant by kicks and fist blows.
4. On the basis of the said information containing the above
allegations, crime bearing No.688 of 2023 is registered at
Chembur Police Station for the offence punishable under
Section 307, 324, 323, 504, 506, 143, 144, 147,148, 149 of
the Indian Penal Code.
5. Applicant/accused prayed for bail on the grounds that he is
falsely implicated in the present case, there is delay in
registering the FIR, there is previous enmity between
applicant/accused and informant, the injured is discharged
from the hospital, the applicant/accused is arrested on
09/12/2023 and since then he is in custody. By making the
aforesaid
submissions,
Ld.

Counsel
appearing
for
applicant/accused prayed to release him on bail.
6. On the contrary, Ld. A.P.P. submitted that applicant/accused
has committed serious crime and if he is released on bail,
he will commit similar type of offence again. By making
these submissions, Ld. A.P.P. prayed to reject the bail
application.
7. Considered the submissions advanced on behalf of both
3
sides. Ld. Counsel appearing for applicant/accused argued
that no weapon is used by the present applicant/accused.
8. On perusal of the FIR it clearly indicates that the present
applicant/accused assaulted the informant with fist blows
and kicks. The informant is discharged from the hospital.
The applicant/accused is a student and behind the bars
since 09/12/2023.
9. Considering the nature of the offence, the age of the
applicant/accused
and
the
role
played
by
the
applicant/accused in the commission of the alleged crime, I
am of the opinion that this is a fit case in which discretion
can be exercised in favour of applicant/accused. Hence, I
incline to release him on bail. In the result, following
order:ORDER
1.

Bail application No.08 of 2024 is allowed.

2.

The applicant/accused-Arbaz Kudarat Shaikh be
released on furnishing PB of Rs. 25,000/- with one surety
of the like amount in CR No.688 of 2023 registered at
Chembur police station.
3.

The 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 or tamper with the
evidence.

4
4.

The accused/applicant shall not commit similar
offence while on bail.
5.

The accused/applicant shall not leave India without
prior permission of the Court.
6.

The accused/applicant be released on provisional
cash bail of Rs.25,000/- for a period of four weeks from
today.
7.

Bail Application No.08 of 2024 is disposed of
accordingly.
8.

Bail before Ld. M.M.

9.

Criminal bail application No.08 of 2024 is hereby
disposed of accordingly.
( S.N.PATIL )
Addl. Sessions Judge
City Civil & Sessions
Court, Gr. Bombay.

02/02/2024
Dictated on
Transcribed on
Signed on
:
:
:
02/02/2024
02/02/2024
02/02/2024
5
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE
ORIGINAL SIGNED JUDGMENT/ORDER”.

03/02/24 at 04.30 pm.

Mrs.Tanushree C.Kamble
Name of the Judge
HHJ SHRI S.N.PATIL
Date of Pronouncement of
judgment/order
02/02/2024
Judgment and order signed by P.O.

02/02/2024
Judgment/order uploaded on
03/02/2024