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 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 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.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