IN THE COURT OF SESSIONS FOR GR.BOMBAY AT MUMBAI
BAIL APPLICATION NO.1655 OF 2022
CNR NO.MHCC02-009030-2022
Jafar Adil Shaikh
Age : 24 years.
R/a: Room No.510, Bldg No.8/A,
Natwarlal Parekh Compound,
MHADA Colony, Shivaji Nagar,
Govandi, Mumbai-400 043.

… Applicant/Accused
Versus
State of Maharashtra
(At the instance of Shivaji Nagar
Police Station.)

… Respondent.

Ld. Advocate Mr.Zaid Siddiqui for applicant/accused.
Ld.APP Mrs. Raykar for the State.
CORAM : HIS HONOUR THE ADDL.SESSIONS JUDGE
SHRI.M.S.KULKARNI (C.R.NO.56)
DATED : 18th July, 2022
(DICTATED AND PRONOUNCED IN OPEN COURT)
ORAL ORDER
1.

This bail application is in respect of C.R.No.658/2022
registered with Shivaji Nagar Police Station dated 14.06.2022 for the
offences punishable under Sections 307,323,504,506 read with Section
34 of I. P. Code.
2.

The applicant/accused was arrested on 14.6.2022 and since
17.6.2022 he has been in judicial custody.
3.

The FIR discloses that applicant/accused, his accomplice
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and the first informant resides in one and same vicinity. The applicant/
accused has a business of removing puncture from tyer while first
informant and his father run pan stall. The accomplice of the applicant/
accused is worker in hair cutting Saloon. On 14.6.2022, at about 10.00
a.m. the applicant/accused came at pan stall of the first informant and
he demanded cigarette on credit from the father of the first informant.
The first informant’s father denied to gave cigarette on credit. So the
applicant/accused abused him, gave punch on his face, extracted one
cigarette and went away. Again at 2.00 p.m. the applicant/accused and
accomplice both came at the pan stall and asked reason to the father of
the first informant for denying to give cigarette on credit and they
hurled abusive words against the first informant’s father. Meanwhile
the accomplice took the bat from the pupils playing cricket and gave
several blows thereof on the back and neck of the first informant’s
father. The applicant/accused also took the bamboo and dealt blow
there on head and back of the first informant’s father. Being so the first
informant and his father raised cry to call people to save them.
Meanwhile the applicant/accused and accomplice ran away. In the said
attack the first informant’s fatehr had sustained bleeding injury on head.
Blood was also oozing from his mouth. So he was immediately shifted
to Swastik hospital at Chembure. Where at he was admitted in ICU for
10 days in unconscious as well as semiconscious condition.
4.

The applicant/accused has asked for bail on the ground that there
is no enmity in between him and the first informant. The investigation
in respect of
him almost over.

recovered at his instance.

During investigation nothing was
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5.

Prosecution has objected bail on the ground that first informant’s
father was admitted for 10 days in ICU in unconscious condition.

The
applicant/accused would pressurize the first informant and his father.
As well as he will flee away from justice.
6.

The fact is that the applicant/accused has been behind bar since
14.6.2022. The first informant as well as the applicant/accused are
residing in the same locality.

The applicant/accused conducting
business of removing puncture from tyer, which is his only earning
source for his family. No doubt the father of the first informant was in
ICU but now he is alright and conducing his business. The fair
expressed by the prosecution is that the accused would pressurize the
first informant and his father. Admittedly the first informant and the
applicant/accused
are
residing
in
same
locality,
so
the
applicant/accused may pressurize the first informant and his father, but
some conditions are put on the applicant/accused, the interest of the
first informant, his father and state will be protected.
7.

The
next
fair
expressed
by
prosecution
is
that
the
applicant/accused will flee from the justice. This fair also can be safe
guarded by putting stringent conditions. Accordingly following is the
order;
ORDER
1.

Bail Application No. 1655/2022 is allowed.

2.

Accused/applicant Jafar Adil Shaikh is released on bail in C.R.No.

658 of 2022 on furnishing PB and SB of Rs. 50,000/- (Rs Fifty Thousand
each) with one or two surety in the same amount.
3.

Provisional cash security of Rs.50,000/- each is allowed, which
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will remain in force for two months. Meanwhile applicants/accused has
to furnish surety as directed above.
4.

He shall not flee from justice.

5.

He shall not tamper with the evidence and co-operate with the
investigating officer in investigation.
6.

He shall attend Shivaji Nagar Police Station on every Monday
and Tuesday in between 9.00 a.m. to 11.00 p.m. till filing of chargesheet.
7.

Bail before the Lower Court.

8.

Bail Application No. 1655/2022 stands disposed off accordingly.

Date : 18.07.2022.
Dictated on
Typed on
draft checked on
Retyped on
Signed on
: 18.07.2022.
: 20.07.2022.
: 21.7.2022
: 22.7.2022
: 22.7.2022
(M.S.Kulkarni)
Addl.Sessions Judge,
City Civil and Sessions Court,
For Greater Bombay
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“ CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE AND TIME
NAME OF STENOGRAPHER
: 22.07.2022 at 3.00 p.m.
: Mrs.Prajakta K. More
NAME OF THE JUDGE
HHJ SHRI.M.S.Kulkarni
(C.R.No.56)
Date of Pronouncement of Order
18.07.2022
Order signed by the P.O. On
22.07.2022
Order uploaded on
22.07.2022