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MHCC020000562024
IN THE COURT OF SESSIONS FOR GREATER MUMBAI AT MUMBAI
BAIL APPLICATION NO. 6 OF 2024
1. Jakir Hussain Ghasi Khan
2. Ajahar Jakir Hussain Khan
… applicantss/accused
Vs.
The State of Maharashtra
(Through of Deonar Police Station vide
C.R. No. 682/2023)
… Respondent/State
Appearance :Mr. Machindra Lavte, Ld. Advocates for applicants/Accused.
Mr. O.S. Maraskolhe, Ld. APP for the Respondent/State.
CORAM : H. H. THE ADDL. SESSIONS JUDGE,
SHRI A.S. SALGAR (C.R. NO.24)
DATED : 8TH JANUARY, 2024
(ORAL ORDER)
(Dictated and pronounced in the open Court)
This is an application filed by applicants/accused
under Section 439 of the Code of Criminal Procedure, 1973, for
releasing
them
on
regular
bail
in
connection
with
C.R.

No.682/2023 registered with Deonar police station for the offence
punishable under Sections 353, 323, 506, 283, 188 r/w 34 of I.P.C.
and Sections 119,177 of Motor Vehicle Act.

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2.

The applicants/accused submitted that they have been
falsely implicated in this crime. They would not absconding. They
will not tamper prosecution witnesses. There is no evidence against
applicants/accused. The applicants/accused are willing and ready
to abide all the terms and conditions imposed by the Court. Hence,
applicants/accused prayed for grant of regular bail in connection
with C.R. No.682/2023 registered with Deonar police station.
3.

Investigating officer submitted the say at Exh.02 and
resisted bail application on the ground that applicant/accused are
resident of other state. They will not remain present before Court, if
they are granted bail. Lastly, investigating officer prayed for
rejection of bail application.
4.

Heard Ld. Advocates Mr. Machindra Lavte for the
applicants/accused
and
Ld.

APP
Mr.

O.S.

Maraskolhe
for
Respondent/State. I have also heard API Sonawane attached to
Deonar police station.
5.

Perused the contents of application and say filed by the
investigating officer. The applicants/accused prayed for regular bail.
Only allegation against applicants/accused is that they have
committed breach of trffic rules and they drove heavy vehicle from
Ghatkopar to Mankhurd Link Road and they raised dispute with
informant and accused Jakir Hussain slapped informant. No any
weapon is used by the applicants/accused. Nothing is recovered
from applicants/accused. The report of investigating officer also
indicates that investigating officer has drawn spot panchanama,
recorded statement of witnesses. Prima facie it appears that the
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investigation of the crime is completed. Hence, no purpose would
be served by keeping applicants/accused behind bar. Except offence
under Section 353 of I.P.C., remaining all offences are bailable in
nature. It will take time to commence the hearing of the case and
under these circumstances, it would not be proper to detain
applicants/accused behind the bar and therefore, application needs
to be allowed.
6.

It is argued by Ld. A.P.P. as well as investigating officer
that accused persons are resident of other state and there is
possibility that they will not remain present before Court if bail is
granted to them. Hence, they prayed that bail application of
applicants be rejected. Ld. Advocate for applicants/accused
submitted that head office of applicants/accused is at Mumbai and
they used to come to Mumbai for two days in a week. He also
submitted that applicants/accused will furnish local sureties. In my
view, merely because applicants/accused are from other state, only
on that ground, the bail cannot be refused to them. The accused
persons are ready to furnish local surety. Therefore, bail cannot be
denied to them.
7.

Considering the nature of offence and role played by
the applicants/accused in crime, I am of the view that
applicants/accused are entitled for regular bail on conditions.
Therefore, bail application needs to be allowed. Hence, I proceed to
pass following order :ORDER
1.

Criminal
Bail
Application
No.

6
of
2024
filed
by
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Applicants/accused is allowed.
2.

Applicants/accused No.1 Jakir Hussain Ghasi Khan and No.2
Ajahar Jakir Hussain Khan, resident of Rahmat Nagar,
Ratlam, Madhya Pradesh be released on regular bail on
furnishing P. R. Bond of Rs.15,000/- each along with one or
more local sureties in like amount each in connection with
C.R. No. 682/2023 registered with Deonar police station for
the offence punishable under Sections 353, 323, 506, 283,
188 r/w 34 of I.P.C. and Sections 119, 177 of Motor Vehicle
Act on following conditions :(a) The applicants/accused are directed to attend Deonar
Police station on every Sunday of each month in between
10.00 a.m. to 12.00 noon till filing of charge-sheet.
(b) The applicants/accused and their sureties shall provide
their respective residential addresses, mobile numbers and
email addresses, if any to investigation officer. The
applicants/accused shall intimate any such change in address
or telephone number and Email ID forthwith.
(c) The applicants/accused should not directly or indirectly
make any inducement, threat or promise to any person
acquainted with facts of case so as to dissuade them from
disclosing the facts to Court or any Police Officer and should
not tamper with the evidence and prosecution witnesses.
(d) The applicants/accused shall not leave India without
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prior permission of Ld. Trial Court.
(e) Breach of any conditions by the applicants/accused, shall
result in cancellation of bail.
3.

Bail before Ld. Trial Court.

4.

Criminal Bail Application No. 6 of 2024 stands disposed off
accordingly.

Date : 08.01.2024
Dictated on
: 08/01/2024
Transcribed on : 08/01/2024
HHJ signed on : 10/01/2024
[A.S. SALGAR]
ADDITIONAL SESSIONS JUDGE
GREATER MUMBAI
(C.R. No.24)
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
Upload Date
Upload Time
10/01/2024 4.55 p.m.

Name of Stenographer
PRAJWALA V. PHODKAR
Name of the Judge (With Court HHJ SHRI. A.S. SALGAR (CR 24)
Room No.)
Date of Pronouncement
JUDGMENT /ORDER
of 08/01/2024
JUDGMENT /ORDER signed by 10/01/2024
P.O. on
JUDGMENT /ORDER uploaded 10/01/2024
on