B.A.861/2022
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Order
MHCC020048712022
IN THE COURT OF SESSIONS FOR GREATER BOMBAY AT BOMBAY
CRIMINAL BAIL APPLICATION NO.861 OF 2022
( CNR NO.: MHCC020048712022 )
Chand Vasim Pathan
Age: 32 years, Occ. : Chimney Servicing,
R/o: Room No. 39/M/25,
between road No. 6 & 8, Shivaji Nagar,
Govandi, Mumbai 43.
…Applicant/Accused.
V/s.
The State of Maharashtra.
( At the instance of Shivaji Nagar P.Stn.
Vide C.R. No.64/2022)
…Respondents/State.
Appearance:
Mr. Zoheb Shaikh, Advocate for the Applicant/Accused.
Mr. Ramesh Siroya, APP for the State/respondent.
CORAM : H.H. THE ADDL. JUDGE
SHRI G.B.Gurao (C.R.17)
DATE : 04/05/2022.
ORDER
This is an application under Section 439 of Cr.P.C. for bail
by applicant/accused Chand Vasim Pathan in crime No.64/2022 under
sections 307, 326, 504, 506 r/w 34 of Indian Penal Code and under
Sections 37(1)(A), 135 of the Maharashtra Police Act, registered at
police station Shivaji Nagar, Mumbai.
B.A.861/2022
2.
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Order
The facts in brief are as under :
Informant resides at Govandi and he plies rickshaw. Prior
to the one year of the said incident, accused Chand had committed theft
at the house of informant’s sister Malti Devdar and offence under
Section 380, 457 read with Section 34 of the Indian Penal Code was
registered against accused Chand. On 22.02.2022, at about 10.30 pm to
11.00 p.m. complainant and his friend Sajid were going from 90ft.
Road, Bainganwadi. They saw that accused Chand was quarreling with
his wife. Complainant asked accused to give them way, to this accused
got angry. He called his brother Vasu. Accused Vasu stated to the
complainant that he implicated Chand in the false case. Accused Chand
assaulted by knife on the chest and back of complainant. When Sajid
was intervening, accused Chand also assaulted him by knife on his
forearm. Therefore, people gathered there, however, accused Chand
gave them threats. Thereafter, complainant was admitted in Sion
hospital. His statement was recorded. On the statement, crime was
registered and now same is under investigation.
3.
Mr. Shaikh advocate for applicant/accused has submitted
that applicant is innocent and he has not committed any crime.
Coaccused is released on bail. Weapon is also seized from accused, his
antecedents are clear. He is ready to abide the conditions imposed by
the Court. Hence, he prayed to release the applicant/accused on bail.
4.
Mr. Ramesh Siroya, APP for the State has submitted that
offence is serious. Though weapon is seized from the accused but,
investigation is in progress. If the accused is released on bail, then he
will pressurize the witness. He prayed to reject the application.
B.A.861/2022
4.
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Order
It is true that coaccused Vasu is released on bail and
anticipatory bail was granted to the accused Sarvari. However, the role
of the present accused is different. It is specific alleged that present
accused assaulted to complainant by knife on his chest and back.
Complainant was admitted in Sion hospital. Therefore, principle of
parity does not apply to the present accused. It appears that
investigation is in progress. In the FIR it has specifically stated that
accused had threatened to the people gathered on the spot and told
that, “vxj dksbZ chp es vk;k rks dkV Mkyqaxk- ”. There is every possibility
that if, at this juncture, bail is granted to the accused then, he will
pressurize to complainant and witnesses. Hence, he is not entitled for
bail, Therefore, following order.
ORDER
Bail Application No. 861/2022 is rejected and disposed of accordingly.
Digitally
signed by
GIRISH
BALKRISHNA
GIRISH
BALKRISHNA GURAO
GURAO
Date:
2022.05.04
13:56:37
+0530
(G.B.Gurao)
Addl. Judge
City Civil & Sessions Court,
Gr. Bombay.
Dt. 04.05.2022
Dictated on
Transcribed on
Date of sign
: 04.05.2022.
: 04.05.2022.
: 04.05.2022.
B.A.861/2022
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Order
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER”
04.05.2022
UPLOAD DATE AND TIME
Mrs. M. M. Kadam
NAME OF STENOGRAPHER
Name of the Judge (with Court
Room No.)
HHJ SHRI.G.B.Gurao,(C.R.No.17)
Addl. Judge.,City Civil & Sessions Court,
Date of pronouncement of /Order
04.05.2022
Order signed by P.O. on
04.05.2022
order uploaded on
04.05.2022