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MHCC020000892024
IN THE COURT OF SESSIONS FOR GREATER MUMBAI AT MUMBAI
BAIL APPLICATION NO. 12 OF 2024
Aslam Rafiq Shaikh
… Applicant/accused
Vs.
The State of Maharashtra
(Through of R.C.F. Police Station vide
C.R. No. 657/2023)
… Respondent/State
Appearance :Mr. Imran Shaikh, Ld. Advocate for Applicant/Accused.
Mr. O.S. Maraskolhe, Ld. APP for the Respondent/State.
CORAM : H. H. THE ADDL. SESSIONS JUDGE,
SHRI A.S. SALGAR (C.R. NO.24)
DATED : 12TH FEBRUARY, 2024
(ORAL ORDER)
(Dictated and pronounced in the open Court)
This is an application filed by applicant/accused under
Section 439 of the Code of Criminal Procedure, 1973, for releasing
him on regular bail in connection with C.R. No.657/2023 registered
with RCF police station for the offence punishable under Sections
307, 326, 324, 323, 504 r/w 34 of the I.P.C.
2.

The applicant/accused submitted that he has not
committed any offence. He has been falsely implicated in this case.

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Prima facie the charge under Sections 326, 307 of IPC levelled
against applicant will not be applicable. No purpose will be served
by detaining applicant in custody. The co-accused is granted bail.
The applicant is ready to abide by any term and condition imposed
by the court. Hence, applicant/accused prayed for grant of regular
bail in connection with C.R. 657/2023 registered with RCF police
station.
3.

The Investigation officer submitted reply at Exh.2 and
resisted the application on the ground that if bail is granted to
applicant/accused then he will tamper the prosecution witnesses
and complainant. If bail is granted to applicant/accused then he
will not remain present before the Court. Lastly, investigating
officer prayed for rejection of bail application.
4.

Heard
applicant/accused
Ld.
and
Adv.
Ld.

Mr.
APP
Imran
O.S.

Shaikh
for
the
Maraskolhe
for
Respondent/State.
5.

Perused the contents of application and say filed by
investigating officer. On the basis of the report lodged by informant
namely Mukesh Jadhav, the RCF police station registered the C.R.
No.657/2023 against accused for the offence punishable under
Sections 326, 324, 323 r/w 34 of the I.P.C. and later on
investigating officer added Sections 307 and 504 of I.P.C. in the said
crime. It is alleged that on 7.11.2023 at about 9.30 p.m. in open
space in between building No.8 and 9 at New RNA Park, Vashi
Naka, Chembur, the brother of informant namely Manoj and his
ladylove Gulisa were quarreling with each other. At that time Noor
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Mohd. Hanif Shaikh and his son Aman Noor Mohd. Shaikh and his
relative Aslam Shaikh came there and they assaulted the brother of
informant by fist blows. When informant and his wife namely
Neelam was separating the quarrel, at that time accused Aman
assaulted to the informant by means of belt. Accused Aslam Shaikh
also assaulted informant by bamboo stick on his head and caused
grievous injuries. The accused Aman also assaulted the wife of
informant namely Neelam by means of belt on her left hand and
caused injury. Thereafter, informant lodged report against accused
at RCF police station.
6.

It is to be noted that the name of applicant/accused is
mentioned in FIR. I have gone through FIR. After going through FIR
it appears that the allegation levelled against the applicant/accused
is that he assaulted informant by means of bamboo stick on his
head and caused injury. Admittedly bamboo stick is recovered. It is
material to note that the medical certificate of informant is not
showing injury on head of informant. Thus it is clear that there is
contradiction in respect of the injury certificate and allegation
levelled by the complainant in FIR against present accused. In my
view the injury certificate is not corresponding with the allegation
in FIR. If really the blow was given to complainant on his head in
that case said injury could have appeared in medical certificate. But
the such is not the position. Moreover, the complainant is already
discharged from the hospital. He is out of danger. Hence,
applicant/accused is entitled to be released on bail.
7.

In present case, the investigation of the crime is
completed and charge-sheet has been filed against accused persons.

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Other accused is granted bail. Hence, applicant/accused is entitled
to be released on regular bail on the ground of parity.
8.

In present case during the course of investigation, only
clothes have been recovered from applicant. No any weapon
recovered
at
the
instance
of
applicant/accused.

The
applicant/accused is ready to abide by terms and conditions
imposed by the Court. The applicant/accused is in jail since
11.11.2023. No purpose will be served by keeping him behind bar.
It will take time to commence the trial of the case. Therefore,
applicant/accused is entitled for grant of regular bail by imposing
terms and conditions.
9.

Considering the nature of offence and the role played
by the applicant/accused in the crime, I am of the view that the
applicant/accused is entitled for grant of bail. Hence, application
needs to be allowed. Hence, I proceed to pass following order :ORDER
1.

Criminal
Bail
Application
No.12
of
2024
filed
by
Applicant/accused is allowed.
2.

Applicant/accused namely Aslam Rafiq Shaikh, resident of Vashi
Naka, Chembur, Mumbai be released on regular bail on furnishing
P. R. Bond of Rs.40,000/- along with one or more sureties in like
amount in connection with C.R. No. 657/2023 registered with
RCF Police Station for the offence punishable under Sections 307,
326, 324, 323, 504 r/w 34 of the I.P.C. on following conditions :(a) The applicant/accused is directed to attend the Court on each
date of hearing of case.

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(b) The applicant/accused is directed not to enter into the vicinity
wherein the informant resides.
(c) The applicant/accused and his sureties shall provide their
respective residential addresses, mobile numbers and email
addresses, if any to investigation officer. The applicant/accused
shall intimate any such change in address or telephone number
and Email ID forthwith.
(d) The applicant/accused should not directly or indirectly make
any inducement, threat or promise to any person acquainted with
facts of case so as to dissuade them from disclosing the facts to
Court or any Police Officer and should not tamper with the
evidence and prosecution witnesses.
(e) The applicant/accused shall not leave India without prior
permission of Ld. Court.
(f) Breach of any conditions by the the applicant/accused, shall
result in cancellation of bail.
3.

Provisional
cash
bail
of
Rs.40,000/-
is
allowed
to
the
applicant/accused for period of 4 weeks to furnish surety from the
date of release.
4.

Bail before Ld. Trial Court.

5.

Criminal Bail Application No. 12 of 2024 stands disposed off
accordingly.

Date : 12.02.2024
[A.S. SALGAR]
ADDITIONAL SESSIONS JUDGE
GREATER MUMBAI
(C.R. No.24)
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Dictated on
: 12/02/2024
Transcribed on : 12/02/2024
HHJ signed on : 14/02/2024
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
Upload Date
Upload Time
14/02/2024 5.15 p.m.

Name of Stenographer
PRAJWALA V. PHODKAR
Name of the Judge (With Court HHJ SHRI. A.S. SALGAR (CR 24)
Room No.)
Date of Pronouncement
JUDGMENT /ORDER
of 12/02/2024
JUDGMENT /ORDER signed by 14/02/2024
P.O. on
JUDGMENT /ORDER uploaded 14/02/2024
on