MHCC020070232024
IN THE COURT OF SESSIONS FOR GREATER MUMBAI,
AT MUMBAI
CRIMINAL BAIL APPLICATION NO. 1135 OF 2024
Mr. Ismail Ibrahim Kotatara Shaikh
Age : 57,
R/at : Plot No. 45/A/164,
Near Post Office,
Govandi, Mumbai 43.
… Applicant/
Org. Accused
Vs.
The State of Maharashtra,
(At the instance of Mankhurd
police station, Mumbai).
… Respondents/
Org. Complainant
Appearances :Ms. J. R. Sahu, Ld. Adv. for applicant/accused.
Mr. J. N. Suryawanshi, Ld. A.P.P. for respondent/State.
CORAM : H. H. THE ADDL. SESSIONS JUDGE,
SHRI A. A. KULKARNI (C.R. NO.22)
DATED : 13th May, 2024.
ORDER
This is an application for bail under Section 439 of the
Code of Criminal Procedure. Heard learned Advocate for the applicant
and learned A.P.P. for the respondent/State. Perused the documents on
record.
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BA-1135/24
Ld. Advocate for the applicant submitted that police
arrested applicant in connection with Crime No.40/2024 registered by
Mankhurd Police Station for the offence punishable under Sections 307,
143, 144, 147, 148, 504, 506(2) of the Indian Penal Code along with
Sections 4, 25 of Arms Act and Section 37(1)(a), 135 of Bombay Police
Act, 1959. It is further contended that, previous application filed by the
applicant was rejected by this court to give proper opportunity to the
prosecution. As per the allegations present applicant assaulted
informant/injured by bamboo, if the injuries are seen injuries are simple
except one injury which is caused by sharp weapon. Applicant is not
author of the same injury. Investigation is completed. Hence further
custody of applicant is not required. Applicant is ready to cooperate
prosecution. Hence, prayed for grant of bail.
3.
Ld. APP and investigating officer opposed the application
on the ground that applicant and other accused have assaulted
informed by deadly weapon like sword and caused injury. Applicant is
having criminal antecedents. If applicant is released on bail there is
possibility of tempering of evidence of prosecution. Hence, prayed for
rejection of application.
4.
In view of submissions from both sides and on perusal of
the allegation in first information report it reveals that, informant is a
vice president of Republic Party of India (Athavale Group) of North
Mumbai. He known persons namely Ashfak Khan alias Babbu, Rashid
Jagga, Faisal Siddiqui alias Nagori, Ismail Ibrahim Shaikh who are
involved in Narcotics Drug, Tobacco like business. Since last 7 years he
is trying to make them understand not to sell or encourage contraband
articles in the area but they adamant and gave threat to him. On
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BA-1135/24
08.02.2024 at about 10.00 pm informant and his friend along with
other 8 to 10 friends went to the religious program at that time the
aforesaid persons were present and they used unparliamentary
language against him. After attending the religious program the
complainant along with his friends was proceeding towards their house
at about 10.10 pm at that time accused Ashfak Khan alias Babbu
assaulted informant by sword on his back side of the head. Due to
which informant fell down and at that time accused Rashid Jagga, Faisal
Siddiqi along with applicant assaulted informant by bamboo. Due to the
said assault he sustained injury on his shoulder, leg and head.
Thereafter, the informant’s friends took the informant to the Shatabdi
hospital and shifted to J. J. hospital for treatment. Informant is
discharged from hospital. Now, investigation is completed and chargesheet is filed against applicant before Ld. Metropolitan Magistrate.
During investigation statements of witnesses are recorded similarly
weapon and other articles are seized and collected.
In such
circumstances further detention of applicant is not required. In view of
protecting interest of prosecution by imposing conditions application
may be released on bail. Hence I pass following order:ORDER
1.
Criminal Bail Application No.1135 of 2024 is allowed.
2.
Applicant/accused Ismail Ibrahim Kotatara Shaikh be released on
bail on his furnishing P.R. and S.B. Bond of Rs.25,000/- along
with one or more sureties in the like amount in connection with
C.R. No.40/24 registered with Mankhurd police station.
3.
Applicant/accused shall furnish his residential address proof
and contact numbers to Investigating Officer.
4.
Applicant/accused shall not directly or indirectly, make any
inducement, threat or promise to any person acquainted with the
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BA-1135/24
facts of the case so as to dissuade him from disclosing such facts
to the Court or to any Police Officer.
5.
Applicant/accused shall not leave India without previous
permission of the Court.
6.
Provisional cash surety is allowed for eight weeks.
7.
Bail before learned Court below.
8.
Criminal Bail Application No.1135 of 2024 stands disposed off
accordingly.
Date : 13.05.2024
Directly dictated on computer on : 13.05.2024
HHJ signed on
: 13.05.2024
Digitally
signed by
AJAY ANIL
KULKARNI
Date:
2024.05.13
16:05:01
+0530
(A. A. Kulkarni)
Additional Sessions Judge,
Sessions Court,
Gr. Bombay (C.R.No.22)
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BA-1135/24
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
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Date of Pronouncement
JUDGMENT /ORDER
HHJ SHRI. A.A. KULKARNI (CR 22)
of
13.05.2024
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JUDGMENT /ORDER uploaded
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