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B.A.No.919 of 2022
CNR: MHCC02-005191-2022
IN THE SESSIONS COURT FOR GR.BOMBAY
AT BOMBAY
BAIL APPLICATION NO.919 OF 2022
IN
C.R.NO.279 OF 2022
1 Irfan Ali Shamshuddin Shah
Ag:29 years, Occ:Hawker, an
Indian Inhabitant, R/at.R.No.
101, Ambuj Wadi, Azad Nagar,
Near Baba Masjid, Malwani,
Malad(W), Mumbai.
2 Shahnawaz Shamshuddin Shah
Age:24 years, Occ:Hawker, R.No.861,
Sangamner Zhopadpatti, Antop Hill,
Bharti Naka, Antop Hill, Mumbai.

.. Applicants
V/s.
The State of Maharashta
(at the instance of L.T. Marg
Police Station, Mumbai)
Appearances:
Adv. Pawar i/b. Shabnam Shaikh for applicants.
APP Pranjali Joshi for respondent.
Coram : R. M. Sadrani
Addl. Sessions Judge
C.R. No.37.
DATED : 17th May, 2022.

.. Respondent
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B.A.No.919 of 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 bail to
the applicant No.1 Irfan Ali Shamshuddin Shah and applicant No.2
Shahnawaz Shamshuddin Shah in C.R.No.279 of 2022 of L.T. Marg
Police Station, Mumbai for the offence punishable U/s.307, 326,
323, 504, 506 r/w. 34 of Indian Penal Code(hereinafter referred to
as IPC).
2
As per case of the prosecution, informant is Manoj
Devidas Kadam. On 11/04/2022, he alongwith his relatives had
gone to Zaveri Bazar for marketing as there was marriage
ceremoney in his house. At abut 8.00 p.m, applicant No.1 Irfan Ali
Shamshuddin Shah gave cash of his two wheeler to Sunil Chavan a
family member. On that account, there was altercation of words
between them. Thereafter, applicant No.1 Irfan Ali Shamshuddin
Shah went and called his associates including applicant No.2
Shahnawaz Shamshuddin Shah and co-accused Ali Ahmed
Karimulla Mujahid. On two different spots, there were attempts to
assault on informant and his family members. A person namely
Ritesh intervened the matter and rescued informant and his family
members. At that time, co-accused, Ali Ahmed Karimulla Mujahid
assaulted with Bamboo on the head of Ritesh causing grievous
injury to Occipital Region(as per medical report). Applicant No.2
assaulted with waist belt.

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B.A.No.919 of 2022
Learned Adv. Pawar i/b. Shabnam Shaikh for applicants
argued that Section 307 of IPC is not attracted. Allegation against
the applicant No.1 is that he has given dash of the vehicle.
Allegation against applicant No.2 is that he assaulted with waist
belt. Co-accused
Ali Ahmed Karimulla Mujahid assaulted with
Bamboo causing grievous injury. Applicants have not caused injury.
Therefore, they be released on bail.
4
Learned APP Pranjali Joshi opposed the application and
argued that applicant No.1, after altercation of words on account
of dash of vehicle, called other two accused which shows intention
of all accused to assaul informant and his family members. Injury is
on the vital part of the body i.e. head. This shows common
intention of the applicants alongwith co-accused Ali Ahmed
Karimulla Mujahid.

Investigation is in progress. Therefore,
application be rejected.
5
After hearing both the sides, I have gone through
record. As per FIR itself, after giving dash of his two wheeler, there
was altercation of words. Thereafter, applicant No.1 went from the
spot and returned after sometimes with co-accused. Thereafter,
there was assault on two occasions on informant and his family
members at two different spots which shows that all the accused
came there with pre-plan. There was assault on the vital part i.e.
head causing grievous injury to the intervener. Investigation is in
progress.

There is possibility of tampering with the evidence.

Considering all these facts, I am not inclined to allow the
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B.A.No.919 of 2022
application. Application deserves to be rejected. Hence, I pass
following order.
ORDER
1
Bail Application No.919 of 2022 is hereby rejected and
disposed off accordingly.

( R. M. Sadrani )
Addl. Sessions Judge, Sessions Court,
Dated :17/05/2022.
Gr. Mumbai
Dictated on
:17/05/2022.
Transcribed on :18/05/2022.
Signed on
:18/05/2022.

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B.A.No.919 of 2022
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER.
UPLOADED ON: 18/05/2022.
TIME:01.50 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 17/05/2022.

Judgment/Order signed by P.O. on
18/05/2022.

Judgment/Order uploaded on
18/05/2022.