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MHCC020023422024
IN THE COURT OF SESSIONS FOR GREATER MUMBAI AT MUMBAI
CRIMINAL BAIL APPLICATION NO. 322 OF 2024
CNR NO. MHCC02-002342-2024
1. Ekrar Ahmad Akbar Ali Shaikh @ Ayaan
Age : 20 years, Occ.: -Labourer
R/at :Opp. Mahada Colony, Ambedkar Chawl,
Annabhau Sathe Nagar, G-M Link Road,
Mankhurd. (W) Mumbai. 400043
2. Nisar Ahmad Akbar Ali Shaikh @Salman
Age: 21 Occupation Labourer
R/at :Opp. Mahada Colony, Ambedkar Chawl,
Annabhau Sathe Nagar, G-M Link Road,
Mankhurd. (W) Mumbai. 400043
…Applicants/
Accused
Vs.
The State of Maharashtra
(At the instance of Mankhurd Police Station.)

…Respondent/State
Appearances :Ms. Lakshmi M. Kadam, Ld. Advocate for the Applicant/Accused.
Mr. J. N. Suryawanshi, Ld. APP for the Respondent/State.
CORAM : H. H. THE ADDL. SESSIONS JUDGE,
SHRI A.A. KULKARNI (C.R. NO.22)
DATED : 14TH FEBUREAY, 2024
(ORAL ORDER)
Dictated and pronounced in the open Court)
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This is an application for bail under Section 439 of Cr. P.C.
Heard Ld. Advocate for the applicant and Ld. APP for the State. Perused
say and documents on record.
2.

The Ld. Advocate for the applicant submitted that applicant
are falsely implicated in this case. It is further contended that due to
sudden quarrel incident is occurred. Nothing is to be seized at the
instance of applicants. Though offence under Section 326 of IPC is
leveled, Therefore, prima facie offence under Section 326 of IPC is not
attracted as injury certificate discloses all injuries as simple. No further
detention is required. There is no grievous injury sustained to
informant. Hence, prayed to release applicant on bail.
3.

Ld. APP filed say Exh.2 and opposed the application on the
ground that if the applicant is released on bail, there is possibility of
repetition of crime, tampering of witnesses and evidence of prosecution
as well as of his absconding. Hence, prayed for rejection of the
application.
4.

In view of submissions from both the sides and on perusal
of documents on record, as per allegation in FIR, applicants assaulted
informant by iron rod.

As per allegations, injury is caused due to
assault by rod. In view of Injury mentioned in injury certificate prima
facie no offence is attracted punishable under Section 326 of IPC.
Therefore, in my opinion, applicant are entitled to be released on bail.
Hence, I passed the following order :ORDER
1.

Criminal Bail Application No. 322 of 2024 is allowed.

2.

Applicant/accused No.1. Ekrar Ahmad Akbar Ali Shaikh @
Ayaan and applicant/accused No. 2. Nisar Ahmad Akbar Ali
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Shaikh @ Salmaan be released on bail on furnishing P.R. Bond of
Rs.25,000/- each along with one or two sureties of like amount in
connection with C.R. No.19/2024 registered with Mankhurd
Police Station for the offences punishable under Sections 326,
324, 323, 504, 506(2) 34 of IPC.
3.

Applicants/accused shall attend Mankhurd police station on
notice by Investigating Officer.

4.

Applicant/accused shall furnish his residential address proof and
contact numbers to Investigating Officer.

5.

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.

6.

Applicant/accused shall not leave India without the previous
permission of the Court.

7.

Bail before Ld. Court below.

8.

Criminal Bail Application No.322 of 2024 stands disposed of
accordingly.

Date :14.02.2024
Prepared by Presiding officer.

[ A.A. KULKARNI ]
ADDITIONAL SESSIONS JUDGE
GREATER MUMBAI
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
Upload Date
14.02.2024
Upload Time
5.30 p.m.

Name of Stenographer
HHJ SHRI. A.A. KULKARNI (CR 22)
Name of the Judge (With Court HHJ SHRI. A.A. KULKARNI (CR 22)
Room No.)
Date of Pronouncement
JUDGMENT /ORDER
of 14.02.2024
JUDGMENT /ORDER signed by 14.02.2024
P.O. on
JUDGMENT /ORDER uploaded 14.02.2024
on