1
B.A.678 of 2022
CNR:MHCC02-003911-2022
IN THE SESSIONS COURT FOR GR.BOMBAY
AT BOMBAY
BAIL APPLICATION NO.678 OF 2022
IN
(C.R.NO.523 OF 2021)
Farukh Musaheb Khan
Age:23 years, Occ:Mobile
Repairing, Indian Inhabitant,
R/at.R.No.20/1/2, Anjuman
Barkatali Nagar,Wadala(E),
Mumbai:400 037.
.. Applicant
V/s.
The State of Maharashta
(at the instance of Wadala
Police Station, Mumbai)
.. Respondent
Appearances:
Adv. R.P. Singh for applicant.
APP Abhijeet Gondwal for respondent.
Coram : R. M. Sadrani
Addl. Sessions Judge
C.R. No.37.
DATED : 19th April, 2022.
ORDER
1
This is an application U/s.439 of Code of Criminal
Procedure(hereinafter referred to as “Cr.P.C.) for the grant of
regular bail to the applicant Farukh Musaheb Khan in C.R.No.523
2
B.A.678 of 2022
of 2021 of Wadala Police Station, Mumbai for the offence
punishable U/s.307, 326, 506(II), 504, 201 r/w. 34 of Indian Penal
Code(hereinafter referred to as IPC), U/s.4, 25 of Arms Act and
U/s.37(1)(A), 135, 142 of Maharashtra Police Act.
2
Perused the application. Heard both the sides.
3
As per case of the prosecution, informant is Santosh
Padmakar Ambade.
He is supervisor of Labdhi Towers,
Siddhivinayak SRA Society.
He is knowing the applicant and
resides in the same area and there is terror of the applicant in the
area. On 20/10/2021, there was damage to the two wheeler of the
applicant’s friend namely Pathan and applicant was demanding
Rs.5,000/- as damage from the informant. Informant received two
three calls of applicant regarding demand of money. On the same
day, at 8.30 p.m., informant was at his office. At that time,
applicant alongwith co-accused Arbaj and Wasim entered in the
office of the informant. There was abuse to the informant. When
the person namely Shoeb Daware working in the same office
intervened, at that time, applicant alongwith co-accused Arbaj took
out knives from their pant pockets and stabbed to stomach and
back of said Shoeb Daware
Injured was hospitalized at Sion
Hospital and on the same day, informant lodged FIR.
4
Learned Adv. R.P. Singh for the applicant argued that
applicant is arrested on 24/10/2021. Since then, he is behind bars.
This is first bail application after filing of the chargesheet. Victim
3
B.A.678 of 2022
himself is having criminal background and number of crimes are
registered against him. Statement of victim was recorded after two
days of FIR. Statement of eye witness is not recorded on the same
day. There was no intention to commit murder. Co-accused Wasim
is released on bail. Therefore, on the ground of parity, applicant be
released on bail. He requested to enlarge the applicant on bail.
5
On the contrary, learned APP Abhijeet Gondwal
opposed the application and argued that assault was on the
stomach a vital part of the body. He pointed out photographs taken
on the spot. One of knives is of such a nature which is dangerous
to the life. Injury caused to the victim was grievous as per medical
report . One knife was recovered from the spot and one knife is
destroyed by the accused. There are eye witnesses to the incident.
As the incident took place at late night, therefore, their statements
were not recorded on the same day. Carrying such weapon itself
shows intention of the accused.
He requested to reject the
appliction.
6
After hearing both the sides, I have gone through
record. Investigation officer has obtained opinion of the doctor
referring weapon and nature of injury and doctor has opined as
under.
“The injuries sustained by patient were of penetrating
in nature. The injury on the posterior aspect of torso
was non-life threatening. The injury on the anterior
aspect of abdomen was life threatening. It is possible
4
B.A.678 of 2022
that weapon described in the letter which is a sharp
weapon has caused these injuries.”
7
As per say of the prosecution, there is criminal history
against the applicant including body offence and property offence.
Knife recovered from the spot apparently is of such a nature which
is dangerous to the life as appears from the photographs of the
spot. Considering all these facts and circumstances, this is not a fit
case to grant bail. Hence, I pass following order.
ORDER
1
Bail Application No.678 of 2022 is hereby rejected and
disposed off accordingly.
( R. M. Sadrani )
Addl. Sessions Judge, Sessions Court,
Dated :19/04/2022.
Gr. Mumbai
Dictated on
:19/04/2022.
Transcribed on :19/04/2022.
Signed on
:19/04/2022.
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER.
UPLOADED ON:20/04/2022.
TIME:02.40 p.m.
(Santosh B. Sawant)
(Selection Grade Stenographer)
Name of the Judge(with Court Room Shri. R. M. Sadrani, Judge, C.R.No.37.
No.)
Date
of
pronouncement
Judgment /Order
of 19/04/2022.
Judgment/Order signed by P.O. on
19/04/2022.
Judgment/Order uploaded on
20/04/2022.