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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.

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3.

Cri. BA No.18-2024
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
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Cri. BA No.18-2024
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 from
22.12.2023.
6.

Learned APP has argued that due to the injuries sustained
in the said incident, the injured Sapan Manna is indoor patient in ICU
from 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.

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Cri. BA No.18-2024
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.

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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