BA 1617/22
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Date : 14.07.2022
IN THE COURT OF SESSIONS FOR GR.BOMBAY
AT BOMBAY
BAIL APPLICATION NO.1617 OF 2022
IN
C.R. NO. 381 OF 2022
MHCC020087492022
Mr. Iqbal Raziullah Shaikh,
Aged about 40 years,
Occ. : Auto Driver,
Residing at Room No. B.L.S. 169,
Near Anwar Power Building,
Vasha Adarsh Nagar, Kurla (E),
Mumbai – 400 024.
… Applicant
Versus
State of Maharashtra
(At the instance of Nehru Nagar
Police Station.)
… Respondent.
Ld. APP Ms. Raykar for the State.
Ld. Advocate Mr. Chandan Yadav for Applicant.
CORAM : HIS HONOUR THE ADDL.SESSIONS JUDGE
SHRI.M.S.KULKARNI (C.R.NO.56)
DATED : 14th July, 2022.
(DICTATED AND PRONOUNCED IN OPEN COURT)
ORAL ORDER
1.
This bail application is in respect of C.R.No. 381/2022
registered with Nehru Nagar Police Station for the offences punishable
under Sections 353, 332, 279, 504 of Indian Penal Code and Section
185 of Motor Vehicle Act.
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2.
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Date : 14.07.2022
The accused was arrested on 16.06.2022 and since then he
has been behind bar.
3.
FIR in short is that on 10.06.2022, the first informant, the Police
Constable was on duty at Kurla Railway Station in between 15.00 hrs. to
23.00 hrs. At about 15.45 hrs. his colleague namely Sanjay Kamble told
him that one person was climbing down with the help of cable from the
pedestrian bridge, proceeding towards northern side. So when the first
informant was rushing at that place by road, one Auto rickshaw being
plied by the applicant /accused hit him from back side, so he fell down.
Then there was altercation between the first informant and the
applicant/accused. The applicant/accused scratched on first informant’s
neck and shoulder with the help of nails. Even the applicant/accused
torned the dress of the first informant. The applicant/accused as per the
allegations of the first informant was in drunken condition and his both
palms were smeared with blood.
Then the applicant /accused gave
dash to the first informant so he failed on the ground. The applicant /
accused then, picked up one paver block and tried to deal blow thereof
on the head of the first informant, which he evaded successfully.
Meanwhile, the first informant used his stick in self protection and
assaulted the applicant/accused and ran towards the outpost to save
himself. At that time, the applicant threw paver block at him but, he
evaded the said blow.
4.
I heard Ld. Advocate for the applicant/accused and Ld. APP Mrs.
Raykar for the State at length.
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5.
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Date : 14.07.2022
The advocate for applicant/accused in his submission made
grievances against the first informant as well as Investigating Officer.
As per his submission, in fact the first informant had assaulted the
applicant/accused on demand of some bribe and when he got aware
that the applicant/accused has sustained grievous injury which would
cause problem to him, he after thought filed false FIR, then
investigation is carried out by the Investigating Officer only to help the
first informant event when the applicant /accused was indoor patient
for 6 days in Bhabha Hospital.
6.
Against that Ld. APP submitted that the applicant/accused is
harden criminal. He has criminal antecedents. Near about 6 crimes
have been registered against him at Nehru Nagar or Chunabhatti Police
Station.
She further submitted that FIR itself discloses that the
applicant/accused was in drunken condition and unable to be
controlled. He assaulted the first informant to create hindrance to him
while discharging official duty.
7.
Remand papers disclosed that the applicant/accused was arrested
on 16.06.2022. Prior to that he was indoor patient in Bhabha Hospital
from 10.06.2022 to 16.06.2022.
This fact itself discloses that the
applicant/accused had sustained such injuries causing him to be indoor
patient for 6 days.
8.
It was quite possible for the Investigating Officer to collect from
the Medical Officer who had examined the applicant/accused
immediately after the incident, to show that the applicant/accused was
in fact in drunken condition.
Rather, Remand Report shows that
BA 1617/22
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Date : 14.07.2022
Investigating Officer wanted to collect such evidence after lapse of 6
days of the incident.
9.
The alleged offences do not provide punishment prescribing more
than 5 years imprisonment. In such situation, it is not proper to keep
the accused behind bar for further period only on the allegation of the
prosecution that the applicant/accused has criminal antecedents.
Accordingly, the applicant/accused deserves to be released on bail with
following conditions :
ORDER
1. Accused Iqbal Raziullah Shaikh in C.R. No.381/2022 be released on
bail on furnishing PB of Rs.25,000/ (Rupees Twenty Five Thousand
only) with one or more sureties in the like amount.
2.
He shall attend Police Station whenever required by the
Investigating Officer to facilitate investigation till filing of charge sheet.
3.
Application disposed off accordingly.
Date : 14.07.2022.
Dictated on
Typed on
Signed on
: 14.07.2022.
: 14.07.2022.
: 18.07.2022
(M.S.Kulkarni)
Addl. Sessions Judge,
City Civil and Sessions Court,
For Greater Bombay
BA 1617/22
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Date : 14.07.2022
“ CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE AND TIME
NAME OF STENOGRAPHER
: 20.07.2022 at 4.00 p.m.
: Ms. Varsha V. Sawant
NAME OF THE JUDGE
HHJ SHRI.M.S.Kulkarni
(C.R.No.56)
Date of Pronouncement of Order
20.07.2022
Order signed by the P.O. On
20.07.2022
Order uploaded on
20.07.2022