MHCC020007332022
IN THE COURT OF SESSIONS AT GREATER BOMBAY
ORDER BELOW EXH.3
IN
SESSIONS CASE NO.59 OF 2022
IN
C.R. NO.443 OF 2021
Imran Firoz Sayyad,
Age 28 years,
R/atRoom no.173, 1st Floor,
Mahim Fort Compound,
Fort Road, Mahim (W),
Mumbai16.
…Applicant/Accused.
V/s.
The State of Maharashtra
(Through Mahim Police Station
vide C.R. No.443/2021)
… Nonapplicant
Appearance :
Mr. Anish Desai, Ld. Adv. for applicant/accused.
Ms. Ashwini Rayakar, Ld. APP for respondent/State
CORAM :
DATE
:
H.H.J. SHRI R.J. KATARIYA
(C.R.NO.56).
25th April, 2022
ORDER BELOW EXH.3
Heard Ld. Adv.
Rayakar for the State.
Mr.
Anish Desai for APP Ms. Ashwini
2
2.
BA Exh.3 in
Sessions Case No.59/2022
Present application is filed by the applicant/accused for
grant of bail in regard to Crime No.443/2021 registered with Mahim
Police Station, Mumbai, for the offences punishable under Section
353,504,506 (ii) of IPC, under section 142 of Maharashtra Police Act
and under section 4 r/w 25 of Arms Act.
3.
It is the case of the prosecution that on 31.08.2021 at
00:15 hours while, informant Police Constable Arun Ankush Pawar was
patrolling with other police staff within the jurisdiction of the police
station at Mahim Killa Compound, near Mahim Police Station, the
applicant having seen the police met inside his house and brought sickle
and threatened to kill them showing the said sickle to them. The police
persons caught hold the applicant and snatched sickle from him and
threw it at a distance. The applicant tried to flee away and started
abusing the police. On disclosure of name by the applicant, it revealed
to the informant that externment order dated 02.07.2021 is passed
against applicant for period of 2 years and he had contravened the said
order. Accordingly, crime came to be registered against the applicant.
4.
Learned advocate for applicant submitted that applicant is
falsely implicated in the crime. He has no concern with alleged offence.
The applicant is arrested on the date of registration of FIR i.e.
31.08.2021. Investigation is completed. Chargesheet is filed. Hence,
prayed for grant of bail.
5.
Per contra, vide say filed at Exh.4, Ld. APP opposed
application. It is stated in the say that the sickle used by the applicant
during commission of crime is seized from him. The applicant had
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BA Exh.3 in
Sessions Case No.59/2022
number of criminal antecedents. There is possibility of commission of
similar offence, if the applicant is released on bail. Hence, prayed for
rejection of the application.
6.
Considering the matter, applicant having seen the informant
and other police persons went inside the house and brought sickle and
threatened them to kill. It is alleged that the applicant also abused
them. There is externment order against the applicant for the period of
two years which had been contravened by the applicant. The applicant
has number of criminal antecedents including one for offence u/s 302
of IPC. There is possibility of commission of similar offence. There is
ample material against the applicant. The iron sickle used by the
applicant in the crime is seized from him. In view of specific allegations
against the applicant regarding said crime, he is not entitled for grant of
bail. Hence, I proceed to pass following order:
ORDER
Bail Application (Exh.3) in Sessions Case No.59/2022 is rejected
and disposed off.
RAJESH
JAGURAM
KATARIYA
Date : 25.04.2022.
Typed on
Signed on
: 25.04.2022
: 25.04.2022
Digitally signed by
RAJESH JAGURAM
KATARIYA
Date: 2022.04.25
17:00:44 +0530
( R.J. Katariya )
Addl. Sessions Judge(C.R. No. 56)
City Civil & Sessions Court,
Gr. Bombay.
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BA Exh.3 in
Sessions Case No.59/2022
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGEMENT/ORDER”
UPLOAD DATE
TIME
25.04.2022
Name of the Judge
Date of Pronouncement of
Judgment/Order.
Judgment/order signed by P.O on
Judgment/order uploaded on
NAME OF STENOGRAPHER
Umesh Jadhav (Typist)
HHJ Shri R.J.KATARIYA
(CR No.56)
25.04.2022
25.04.2022
25.04.2022