Cri. BA No.18-2024
MHCC020001072024 IN THE COURT OF CITY CIVIL AND SESSIONS AT GRATER BOMBAY
Court Room No.23 (Presided over by Shri N. P. Tribhuwan, Additional Sessions Judge)

CRIMINAL BAIL APPLICATION NO.18 OF 2024

Mr. Harimohan Viswanath Samanta
Aged : 40 years, Occ : Labour, R/o : 16/8
Joharabai Chawl, Takyaward, Afuwala Lane,
Kurla (W), Dist. Mumbai-70 … Applicant

VERSUS

The State of Maharashtra, (Pydhonie Police Station) … Respondent

Mrs. Sheela Gupta, learned Advocate for Accused.
Mrs. Ranjana Budhwant, learned APP for the State.
ORDER
(Delivered on 04/01/2024)

This is application under Section 439 of Cr.P.C. for releasing accused Mr. Harimohan Viswanath Samanta on bail in Crime No.472/2023 for the offences punishable under Section 394, 398, 120(B), 397, 34 of Indian Penal Code and Sec.37/135 of Maharashtra Police Act, registered with Pydhonie Police Station, Mumbai.

2.Heard learned Counsel for accused and learned APP for the State. Perused Bail Application, say/reply, and other documents.

3. It is case of prosecution that on 22.12.2023, informant Smt. Shilpa Sapan Manna has given report/complaint. She alleged that her husband is running factory of making Gold Ornaments at Room
No.4, Building No.16, 4th floor, Kazi Sayyad Street, Masjid Bandar Mumbai. They employed eight artisans in the said factory. On 22.12.2023 at about 7.15 p.m., employer viz. Sameer Ghosh has informed her on phone call that four persons have stabbed knife in stomach of her husband and he is going to admit him in the hospital. Thereafter, informant reached in the J.J. Hospital. Her husband was in ICU Ward. Employer Sameer Ghosh was present there. Informant inquired with Sameer Ghosh about the incident.

4.Sameer Ghosh has told the informant that at about 6.45 p.m. employer Sapan Manna (husband of informant) was going towards Masjid Bandar Railway Station from Y. M. Road, Bhat Bazar Junction,
Narsinath Street. At that time, in front of Hasmukh Rai Tea Stall, suddenly three unknown persons came from backside. Out of them, one person aged 35-40 years having white colour full sleeves shirt and jeans pant has caught employer/Sapan Manna. Another person having chocolate colour full sleeves shirt and blue colour jeans pant has stabbed sharp weapon in the stomach and on hands of employer. They inflicted the injury to the employer for robbery of the cash of employer. The hawkers gathered to rescue the employer/Sapan. The said hawkers have taken the injured/Sapan to his factory. At that time, employer Sapan has informed about the incident to him/Sameer Ghosh.

5.Learned counsel of accused argued that applicant/accused is arrested only on the basis of costume description given in the complaint/report. Applicant/accused is not in the CCTV footage. He is
falsely involved in this case. Sections 394 and 398 of Indian Penal Code are not attracted to the accused in this case. Accused is in jail from22.12.2023.

6.Learned APP has argued that due to the injuries sustained in the said incident, the injured Sapan Manna is indoor patient in ICUfrom day one. He has undergone stomach operation. He has sustained
grievous injuries on the vital part of the body. Accused Irshad Ahsanullah Khan arrested from the spot of incident at the time of incident. Name of the present applicant/accused disclosed by the
accused Irshad. During investigation, it revealed that injured Sapan and applicant/accused Harimohan are making gold ornaments and they are having the factory in the same building. As the applicant Harimohan used to take the gold ornaments from injured Sapan, he/applicant was knowing about the stock of gold and cash available with the injured. Before and after the incident, accused Irshad has made phone call to the present applicant.

7.Considering rival submission of the parties, prima-facie it seems that Section 394 and 398 of IPC attracted in this case. Section 394 of IPC says that if any person, in committing or attempting to
commit robbery, voluntarily causes hurt, such persons and any other person jointly concerned in committing or attempting to commit such robbery shall be punished with imprisonment for life or RI for a term which may extend to ten years and fine. As per Section 398 of IPC if at the time of attempting to commit robbery or dacoity, the offender is armed with any deadly weapon, the imprisonment with which such offender shall be punished shall not be less than seven years.

8.Yet injured has not been discharged from the hospital.

There is strong prima-facie evidence against applicant/accused Harimohan. The investigation is in progress. Injured has sustained grievous injury and till today he is in ICU. If accused is released on bail,
he will threaten prosecution witnesses. In such facts and circumstances, considering the nature of offence, it is not desirable to release the accused on bail. Hence, I pass following Order.

ORDER
Criminal Bail Application No.18 of 2024 stands rejected.

Date : 04.01.2024. NITIN PUNJAJI TRIBHUWAN Digitally signed by NITIN PUNJAJI TRIBHUWAN Date: 2024.01.04 17:06:45 +0530 (N.P. Tribhuwan) Additional Sessions Judge, CR.No.23, Gr. Mumbai. 5 Cri. BA No.18-2024 Direct dictated on : 04.01.2024 Checked on : 04.01.2024 Signed on : 04.01.2024 “CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED JUDGMENT/ORDER” 04.01.2024 at 5.10 p.m. UPLOAD DATE AND TIME Mrs. K.S.Bhosale NAME OF STENOGRAPHER Name of the Judge (with CR No.) HHJ SHRI. N. P. TRIBHUVAN (C.R.No.23) Date of announcement of Order 04.01.2024 Order signed by P.O. on 04.01.2024 Order uploaded on 04.01.2024