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IN THE COURT OF SESSIONS FOR GREATER MUMBAI AT MUMBAI
CRIMINAL BAIL APPLICATION NO.811 OF 2022
CNR NO. MHCC02­004550­2022
Mannanali Zahir Mulla,
Age : 42 years, Occ.: Embroidery,
R/at : Koyala Galli, Near Hussain Hardware,
Bhartiya Kamla Nagar,
Wadala (E), Mumbai­400 037.

…Applicant/Accused
Vs.
The State of Maharashtra
(At the instance of Wadala T.T. Pol. Stn.)

… Respondent
Appearances :­
Mr. Anil Bansode, Ld. Advocate for the Applicant/Accused.
Ms. Ratnavali Patil, Ld. APP for the Respondent/State.
CORAM : H. H. THE ADDL. SESSIONS JUDGE,
SHRI B.V. WAGH
(C.R. NO.24)
DATED : 11TH APRIL, 2022.
(ORAL ORDER)
Dictated and pronounced in the open Court)
Applicant/accused seek his release on bail under Section
439 of Cr. P.C. in connection with C.R. No. 385/2021 registered with
Wadala T.T. Police station for the offence punishable under Sections
302, 307, 326, 323, 504, 506, 34 of Indian Penal Code.
2.

The prosecution allegation reveals that on 5.11.2021 at
around 3.00 a.m. when informant’s son Rohit was proceeding to his
house, at that time, two miscreants waylaid him and hurled abuses.
Rohit returned to home and informed the incident to his brother Amit.
Amit went to accused and reasoned them. At that time, the accused
assaulted him with stick and iron rod. He felt unconscious and accused
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flee away. He was rushed to the Sion hospital. On the basis of aforesaid
information, the Crime is registered for the offence under Sections 326,
323, 504, 506, 34 of IPC. Considering the seriousness of offence on
9.11.2021 Section 307 of IPC was added. During the treatment, on
14.11.2021 Amit succumbed due to injuries and Section 302 of IPC was
added.
3.

The Ld. Advocate for the applicant urged that applicant is
innocent and falsely framed in given case. According to him, there is
only eye witness to the incident who has stated that applicant has
assaulted with bamboo stick, whereas co­accused assaulted with iron
rod. He urged that the deceased sustained injuries at the wee hours of
5.11.2021 and on 14.11.2021 he died. The cause of death is septicemia
with head injury. He urged that the role of applicant is not as grave as
the co­accused. The charge­sheet is filed. As such, the further
incarceration of applicant is unwarranted. There is no criminal
antecedent against the applicant. Lastly, he requested to release the
applicant on bail.
4.

Ld. APP resisted the application by filing say Exh.2 and
inter alia contended that at the behest of the applicant quarrel erupted
between them. The applicant has inflicted the bamboo stick on the head
of deceased and thereafter, co­accused inflicted iron rod. There is
recovery of stick at the instance of the applicant. If he is released on bail
than he may influence the witnesses. Lastly, she requested to reject the
bail application.
5.

Heard argument advanced by the both the parties and
perused the charge­sheet.

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6.

This being successive bail plea of the applicant. In the wee
hours of 5.11.2021, the informant’s son Rohit was way laid by the
applicant and co­accused and hurl abuses. Later on, deceased and
informant came to the applicant and reasoned him. At that time,
applicant and co­accused assaulted the deceased with stick and iron
rod. Notably, the deceased was armless. According to Ld. Advocate for
the applicant, the alleged prosecution case though accepted as it is, did
not constitute the offence of the murder. According to him, the
applicant did not possess any intention or knowledge to do away the
deceased. The said submission is not impressed for the reason that
applicant and co­accused assaulted the deceased at secluded place
during the wee hours. Whether they possess requisite intention or
knowledge to commit death of deceased is a matter of evidence. Mere
filing of charge­sheet, did not change the role of the applicant.
Considering the prima facie involvement of the applicant in the serious
nature of the crime, dissuaded this Court to release him on bail.
Eventually, applicant is not entitled for bail.

Hence, the following
order:­
ORDER
1.

Criminal Bail Application No. 811 of 2022 is rejected.

2.

Criminal Bail Application No. 811 of 2022 stands disposed of
accordingly.

Date : 11.04.2022
Dictated on
: 11.04.2022
Transcribed on : 11.04.2022
HHJ signed on : 11.04.2022
[B.V. WAGH]
ADDITIONAL SESSIONS JUDGE
GREATER MUMBAI
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