CRI. BA 1631/2022
1
ORDER
MHCC020088332022
IN THE COURT OF SESSIONS FOR GREATER BOMBAY
AT MUMBAI
CRIMINAL BAIL APPLICATION NO. 1631 OF 2022
( CNR NO.: MHCC020088332022 )
Kumel Raza Kalve Abid Sayyed @ Shahrukh
Aged: 28 years, Occ: Business,
Raman Mama Nagar, Baiganwadi
Rickshaw Stand, Saibaba Mandir Ke
Samne, Usha Hotel Ke Piche Shivaji
Nagar, Govandi(W), Mumbai43.
…Applicant/Accused.
V/s.
The State of Maharashtra,
(At the instance of Parksite Vikhroli
Police Station vide C.R.No.357/2022)
…Respondent/State.
Appearance:
Shri. Jitendra Gupta, Advocate for the applicant/Accused.
Smt. Seema Deshpande, Ld. Addl. P.P., for the State/respondent.
CORAM : H.H. THE ADDL. SESSIONS JUDGE
ANAND PANDURANG KANADE (C.R.60)
DATE : 26.07.2022.
ORDER
1.
Vide present application under Section 439 of Code of
Criminal Procedure, the applicants requested to release them on bail in
Crime No. 357 of 2022 registered at Parksite Vikhroli Police Station for
offences punishable under Sections 353, 332 and 323 r/w. Sec. 34 of
CRI. BA 1631/2022
2
ORDER
Indian Penal Code.
2.
Prosecution Case in brief is as under :
Dipak Lahane Police Constable attached to Parksite Vikhroli
Police Station. On 07.06.2022 he was on patrolling duty night duty at
about 11.00 p.m. Police Officer of Parksite Vikhroli Police Station
received information about theft of Tempo bearing registration No.MH
48AG8541. PSO informed incident to the complainant and asked him
to take search of that Tempo. The complainant along with Police
Constable Navale and Police Constable Kolhe were searching Tempo at
Gandhi Nagar. On 08.06.2022 at 01.15 a.m. they noticed that Tempo
and Motor Cycle was coming from Powai Side and they signaled that
Tempo and Motor Cycle. Two persons alighted from Tempo bearing
registration No.MH48AG8541 and motor cyclist was also alighted. On
enquiry with those persons about that Tempo. Two persons alighted
from Tempo tried to flee from the spot but complainant and other
police personnel chased them. At that time applicant/accused
Shabuddin Abdulla Sawant @ Saabu took out knife from his pocket and
assaulted complainant on his left thigh and left hand and he also
assaulted police constable Navale by knife. Police Constable Lahane and
Navale sustained bleeding injuries. At that time applicant/accused tried
to run away from the spot by starting Tempo. Police personnel chased
them and accosted them. Police Constable Lahane lodged report against
accused with Parksite Vikhroli Police Station. On that basis Crime
No.357/2022 was registered against accused. On 08.06.2022 police
arrested accused and he was produced from before Metropolitan
Magistrate. Since 08.06.2022 accused is in judicial custody. Hence he
has filed present application to release him.
CRI. BA 1631/2022
3.
3
ORDER
The applicant has raised grounds that he is innocent and falsely
implicated in the present case. There is no criminal antecedent. There
is no recovery at the hands of applicant. He is arrested under
circumstantial evidence. He is ready to abide the terms and conditions
that may be imposed on him.
4.
Ld. Addl. P.P. and I.O. filed their Say at Exh – 2 and
resisted the bail application. It is submitted that there are three criminal
cases pending against present applicant. There is possibility of
repetition of crime and also possibility of tampering of prosecution
evidence. Hence, it is prayed to reject the bail application.
5.
Heard both the sides. Perused police papers on record. It
reveals that Investigating Officer recorded recorded statement of
witnesses. It reveals that Investigating Officer recovered Tempo and
knife
at
the
instance
of
applicant
No.1.
Since
08.06.2022
applicant/accused is in judicial custody. His police custody period is
already over. He is permanent resident of given address. For the
aforesaid reasons, I am of the view that application deserves to be
allowed on certain conditions. Hence, following order.
:ORDER:
1.
The Criminal Bail Application No. 1631 of 2022 is allowed as
under.
2.
The applicants accused namely Kumel Raza Kalve Abid Sayyed @
Shahrukh be released on bail on executing personal bond of Rs.
15,000/ and one or two solvent sureties of the same amount in Crime
No. 357 of 2022 registered at Park Site Vikhroli Police Station.
3.
Cash security of Rs. 15,000/ is permitted provisionally for the
period of 1 month in lieu of the surety bond.
CRI. BA 1631/2022
4.
4
ORDER
The accused shall attend the Park Site Vikhroli Police Station on
every Thursday in between 11.00 a.m. to 01.00 p.m. till filing of the
chargesheet.
5.
The accused shall submit a list of atleast 3 blood relatives with
their detailed residential addresses and also the addresses of their place
of work if any, and documentary proof of showing the correctness of the
details provided by them.
6.
The accused and the surety shall inform the police authorities as
well as the trial court, the change of their residential address while the
accused is on bail.
7.
The accused shall submit copies of at least 2 documents amongst
the Pan Card, Adhar card, Ration card, Electricity Bill, Voter ID card
issued by the election commission or the documents in respect of
immovable properties owned by him.
8.
After submission of the documents as mentioned above, the
Investigating Officer shall conduct physical verification of the residential
address so as to confirm the address appearing on those documents.
9.
The accused shall not make any inducement or threat to any
person acquainted with the facts of the case so as to dissuade him from
disclosing such facts to the court or to any police officer or tamper with
the evidence.
10.
The accused shall not leave territorial limits of Mumbai without
prior permission of the court.
11.
The accused shall not commit any offence similar to the offences
of which he is accused in the present matter.
12.
Conditions No. 5 to 8 shall be complied with simultaneous to the
furnishing of the cash security or the surety bond whichever is earlier.
CRI. BA 1631/2022
13.
5
ORDER
Bail before the Court of Metropolitan Magistrate.
Anand
Pandurang
Kanade
Digitally signed by
Anand Pandurang
Kanade
Date: 2022.07.27
15:04:29 +0530
(Anand P. Kanade)
Addl. Sessions Judge
Sessions Court,
Mumbai. C.R. 60
Dictated on
Transcribed on
Date of sign
: 26.07.2022
: 26.07.2022
: 27.07.2022
CRI. BA 1631/2022
6
ORDER
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER”
27/07/2022, 3.10 p.m.
UPLOAD DATE AND TIME
Mr. Vishnu Sabaji Shinde
NAME OF STENOGRAPHER
Name of the Judge (with Court Room No.)
HHJ Anand P. Kanade,(C.R.No.60)
Addl. Sessions Judge.,City Civil & Sessions
Court,
Date of pronouncement of /Order
26.07.2022
Order signed by P.O. on
27.07.2022
Order uploaded on
27.07.2022