B.A.310/2024
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MHCC020022202024
IN THE COURT OF SESSIONS FOR GREATER BOMBAY
AT BOMBAY
CRIMINAL BAIL APPLICATION NO.310 OF 2024
IN
C.R.NO.89 OF 2024
Ashraf Iqbal Shaikh
Age 33 years, Occ : BMC employee
Res. At : 35B Bazzar Peth,
Matheran Girishtan Palasdari,
Raighad, Maharashtra 410102
…Applicant
Vs.
State of Maharashtra
(Through Bandra Railway
Police Station vide C.R.No.89/2024)
CORAM:
…Respondent
HH THE ADDL.SESSIONS JUDGE
SHRI. V. M. SUNDALE
(In-charge of Court Room No.30)
DATE : 7th February 2024
Shri Prasad Rao a/w Shri Atul Pandey, learned advocate for applicant.
Mr. Iqbal Solkar, learned APP for State/Respondent
ORDER
01.

The applicant Ashraf Iqbal Shaikh has filed this application
under Section 439 of the Code of Criminal Procedure for bail in
connection with Crime No.89/2024 registered in Bandra Railway Police
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Station, Mumbai for the offence under Section 353, 332 of the Indian
Penal Code, on the allegations that the applicant slapped the informant
while he was discharging his public duty.

02.

The investigating officer through learned APP filed reply
(Exh.02) and opposed the application. It is contended that the applicant
obstructed the informant in his public duty and assaulted him. The
offence is serious and investigation is in progress. The applicant is not
having permanent address in Mumbai. According to the Investigating
Officer in such circumstances, if the applicant is released on bail there is
possibility of hampering investigation, pressurizing the prosecution
witnesses and flee away from justice. Hence, the investigating officer
prayed to reject the application.
03.

Heard Shri Prasad Rao a/w Shri Atul Pandey, learned
advocate for applicant and Mr. Iqbal Solkar, learned APP for the
prosecution.
04.

I have carefully gone through record with reference to
submission of both the sides. The name and role of the applicant is
specifically mentioned in the First Information Report. It is alleged that
on 02.02.2024 at about 9.00 p.m. the informant was discharging his
duty in one general railway coach at Platform No.1 Bandra Railway
Station. It is alleged that at the relevant time the applicant was sleeping
in general coach. The informant tried to wake up the applicant at the
relevant time the applicant slapped the informant on his left cheek. It
appears that after registration of offence the investigating officer
arrested the applicant and produced before the ld. Metropolitan
Magistrate. The investigation of the present crime is practically
completed and physical presence of the applicant is not necessary for
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any purpose. It further appears that the applicant is also serving in BMC
and local resident. The attendance of the applicant can be easily
secured. The application filed by the applicant to release on bail came
to be rejected by the ld Metropolitan Magistrate only on the ground that
the offence u/Sec.332 and 353 of the Indian Penal Code are exclusively
triable by the Sessions Court. However, the offence u/Sec.353 of the
Indian Penal Code is punishable with imprisonment to the extent of five
years. As discussed earlier the presence of the applicant is not necessary
for any recovery or discovery. Nothing has been placed on record about
past criminal antecedents of the applicant. There are no extra ordinary
circumstances to keep the applicant behind bar and complete remaining
part of investigation. In such circumstances it will not proper to keep
the applicant behind bar for indefinite period. The apprehension placed
on record by the investigating officer can be taken care of by imposing
certain conditions. In the facts and circumstances of the case,
the
applicant is entitled to be released on bail. Hence, the following order is
passed :
ORDER
1.

Criminal Bail Application No.310 of 2024 is allowed.

2.

The applicant Ashraf Iqbal Shaikh be released on bail in Crime
No.89/2024 registered in Bandra Railway Police Station for the
offences under Section 353, 332 of the Indian Penal Code on his
executing P.R.Bond of Rs.25,000/- (Rupees Twenty Five
Thousand) with one or two sureties of the like amount.

3.

The applicant and his surety shall provide their respective mobile
numbers, e-mail address and documents pertaining to place of
residence.

4.

The applicant shall not directly or indirectly make any
inducement, threat or pressurize any person acquainted with the
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facts of the present case so as to dissuade him from disclosing
such facts to the Court.
5.

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

6.

The applicant is directed to attend the Bandra Railway Police
Station once in a week i.e. on every Saturday between 11.00
a.m. to 1.00 p.m. till filing of charge-sheet and co-operate the
investigating agency.

7.

Provisional cash bail in the like amount is allowed. The applicant
shall furnish surety within four weeks from the date of release
from jail, failing which the cash bail shall stand forfeited without
any separate order.

8.

Breach of any conditions by the applicant shall result in
cancellation of bail.

9.

Bail before learned Metropolitan Magistrate Court.

10.

Thus, Criminal Bail Application No.310 of 2024 stands disposed
of.

07/02/2024
Dictated on
: 07/02/2024
Transcribed on : 07/02/2024
Signed on
: 07/02/2024
(V. M. Sundale)
Addl. Sessions Judge,
City Civil & Sessions Court,
Gr. Mumbai
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CERTIFIED TO BE TRUE AND CORRECT COPY OF THE
ORIGINAL SIGNED JUDGMENT/ORDER.”
Upload Date
Upload Time
07/02/2024
5.30 p.m.

Name of Stenographer
Mrs. J.S. Chavan
Name of the Judge (With C.R. No.)
Date
of
Pronouncement
JUDGEMENT /ORDER
HHJ Shri V.M.Sundale (C.R.No. 27)
(Incharge of C.R.No.30)
of
07/02/2024
JUDGEMENT /ORDER signed by P.O.
on
07/02/2024
JUDGEMENT /ORDER uploaded on
07/02/2024