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.
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 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 4 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 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) 6
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED JUDGMENT/ORDER.”
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