IN THE COURT OF SESSIONS FOR GR.BOMBAY
AT BOMBAY
BAIL APPLICATION NO.1638 OF 2022
Karim Chand Sayyed
Age : 46 years. Occ: Service.
R/a: Flat No.606, Makkah Homes,
Bhagyoday Nagar, Lane 29, Pune,
Maharashtra-411 048
… Applicant/Accused
Versus
State of Maharashtra
(At the instance of RCF
Police Station.)

… Respondent.

Ld. Advocate Mr. Yash Vora 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 : 11th July, 2022
(DICTATED AND PRONOUNCED IN OPEN COURT)
ORAL ORDER
1.

This bail application is in respect of C.R.No.675/2021
registered with RCF Police Station dated 20.12.2021 for the offences
punishable under Sections 307, 324 read with Section 34 of I. P. Code
and Section 3, 4, 25, 27 of Arms Act and Section 37 (1), 135 of Mumbai
Police Act.
2.

The accused was arrested on 11.2.2022. He was in police
custody till 11.2.2022 and since then he has been in judicial custody.
3.

FIR in short is that;
When the first informant was standing at building No.25, New
N.R.N.A. Colony, Vashinaka, Chembur at about 4.00 to 5.00 p.m. two
other accused involved in this crime came there and they assaulted first
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informant with sword.

The accused No.1 namely Ajay Marimuttu
Periswami @ Anna dealt blow of sword on the first informant. While the
accused No.2 Rahil Jamil Sayyed shoot on first informant by Pistol.
What is alleged against applicant/accused is that after incident he
helped said accused to run from Mumbai to Pune and then provided
facility for their shelter at Pune.
4.

The prosecution has strongly objected bail application on
the ground that if applicant/accused is granted bail, he will flee from
justice. He will use the fire arms to take life of the first informant.
5.

The application has been moved on the ground that
applicant/accused is permanent resident of Mumbai.

He has been
falsely implicated. It is stated that the main accused Rahil Sayyed has
been released on bail by the Learned Magistrate by an order dated
28.6.2022.
6.

From the police report it appears that applicant/accused
resides at Pune. Adhar Card also shows that the applicant/accused is
resident of Pune. The applicant/accused is placed on record the order
passed by the Learned Metropolitan Magistrate under Section 167 (2)
(a) (I) of Cr. P. Code in respect of accused Rahil Sayyed on failure of the
investigation officer to file chargesheet within time limit. From the said
order it appears that the prosecution decided to apply charges under
MCOC Act against all the accused.

But the Commissioner of Police
Mumbai, denied the permission to level said charges against the
accused and accordingly the prosecution was directed to file regular
chargesheet before the M.M. Meanwhile required period was over and
accused Rahil Sayyed came to be released on bail under said provision.

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7.

So far as present applicant/accused is concerned as stated above
the role assigned to him though his name is absent in FIR that he
carried accused Nos.1 and 2 to Pune and provided facility for their
shelter thereat.

Only on this allegation it is not proper to keep
applicant/accused behind bar for further period. He has already been
in custody since 11.2.2022. In the result I pass following order;
ORDER
1.

Bail Application No.1638 of 2022 is allowed.

2.

Applicant/accused Karim Chand Sayyed in C.R.No. 675 of 2021 is
released on bail on furnishing P. R. Bond and SB of Rs. 25,000/-(Rs.
Twenty Five Thousand Only) with one or more sureties.
3.

Provisional cash security of Rs.25,000/- is allowed, which will
remain inforce for two months. Meanwhile applicant/accused has to
furnish surety as directed above.
4.

He shall furnish copy of his Adhar Card and other documents of
his permanent address to investigating officer.
5.

He shall not misuse the bail and shall not give threat to the
prosecution witnesses and shall not pressurize them by any way.
6.

Bail before the Lower Court.

7.

Bail Application No.1638 of 2022 stands disposed off accordingly.

Date : 11.07.2022.
Dictated on
Typed on
Draft checked on
Retyped on
Signed on
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11.07.2022.
19.07.2022.
20.7.2022
21.7.2022
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
11.07.2022
Order signed by the P.O. On
22.07.2022
Order uploaded on
22.07.2022