Jumman Mubarak Shaikh Vs State of Maharashtra Bombay Sessions Court Criminal Bail Application No 239 of 2022

B.A. 239/2022
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Order
IN THE COURT OF SESSIONS FOR GREATER BOMBAY AT BOMBAY
CRIMINAL BAIL APPLICATION NO. 239 OF 2022
( CNR NO.: MHCC02­001172­2022 )
Jumman Mubarak Shaikh
Age: 22 years,
R/o: Mohd Rafi Nagar Part 2,
Near Babe Rehmat Masjid,
Shivaji Nagar, Govandi (W),
Mumbai­43.

…Applicant/Accused.

V/s.
The State of Maharashtra.
( At the instance of Shivaji Nagar P.Stn.
Vide C.R. No.920/2021)
…Respondents/State.

Appearance:­
Mr. Rajeev Sawant Advocate for the Applicant/Accused.
Mr. Ramesh Siroya, APP for the State/respondent.
CORAM : H.H. THE ADDL. JUDGE
SHRI G.B.Gurao (C.R.17)
DATE : 21/02/2022.
ORDER
1.

This is an application under section 439 of Cr.P.C. for bail by
applicant/accused Jumman Mubarak Shaikh in crime No.920/2021
under section 307,323,504,506(2),143,144,147,148,149 of IPC and
section 4,25,27 of Arms Act, r/w section 37(1) (A), 135 of Maharashtra
Police Act, registered at police station Shivaji Nagar, Mumbai.
2.

Mr. Rajeev Sawant Advocate for applicant/accused has submitted
that applicant is innocent and he has not committed any crime. The co­
accused Abid is released on bail. Accused is in jail since 24/10/2021.

B.A. 239/2022
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Order
Accused is ready to abide by the conditions, if any imposed by the
Court. He, prayed to release the applicant/accused on bail.
3.

Mr. Ramesh Siroya, APP for the State has submitted that offence
is serious. The injured had sustained grievous hurt. If the accused is
released on bail then he will commit similar type of offence. He prayed
to reject the application.
4.

It is alleged that on 22/10/2021 at about 6.00 hours the accused
gathered and they asked complainant why he allowed Mr. D to sit there.
However, complainant denied the same. Therefore, accused had abused
to him. Again on 23/10/2021 at about 3.00 p.m. accused gathered and
they assaulted to the complainant by Bamboo, knife, kicks and blows.
Therefore, complainant was admitted to Rajawadi hospital. On the
statement of complainant offence is registered and investigation was
carried out.
5.

I have perused the FIR and say of prosecution. It is to be noted
that weapon are already seized. Statements of witnesses are recorded.
Co­accused Abid is released on bail.

Now there is no recovery or
discovery at the instance of accused.

Hence, in view of this
applicant/accused is entitled for bail. Therefore, following order.

ORDER
1.

Bail Application No. 239/2022 is hereby allowed.

2.

Applicant/accused namely Jumman Mubarak Shaikh
in C.R. No.920/2021registered with Shivaji Naar
Police Station, he be released on his executing PR
B.A. 239/2022
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Order
Bond of Rs.25,000/­ (Twenty Five Thousand only)
with one or more sureties of the like amount on the
conditions that :­
a)
He shall attend concerned police station as and
when reasonably required by investigating officer till
further orders.
b)
He shall not pressurize the prosecution
witnesses in any manner.
3.

He be released on provisional cash bail of
Rs.25,000/­. Duration of provisional cash bail shall
be for four weeks.

4.

Bail before Ld. Magistrate.

5.

Bail Application No.239/2022 is disposed of
accordingly.

Digitally
signed by
GIRISH
BALKRISHNA
GIRISH
BALKRISHNA GURAO
GURAO
Date:
2022.02.24
16:58:32
+0530
(G.B.Gurao)
Addl. Judge
City Civil & Sessions Court,
Gr. Bombay.
Dictated on
Transcribed on
Date of sign
: 21.02.2022.
: 24.02.2022.
: 24.02.2022.

B.A. 239/2022
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Order
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER”
24.02.2022.
UPLOAD DATE AND TIME
Mrs. S.S.Sawant
NAME OF STENOGRAPHER
Name of the Judge (with Court Room
No.)

HHJ SHRI.G.B.Gurao,(C.R.No.17)
Addl. Judge.,City Civil & Sessions Court,
Date of pronouncement of /Order
21.02.2022.

Order signed by P.O. on
24.02.2022.

order uploaded on
24.02.2022.