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IN THE COURT OF SESSIONS AT GREATER BOMBAY
BAIL APPLICATION NO. 1742 OF 2022
IN
CNR NO.MHCC02-009479-2022
Matiullah Badullah @ Matiullah
Badullah Darzi
Age: 18 Years, Occ: Student.
R/a: Dr. Zakir Hussain Nagar,
Near Noorani Masjid, Govandi,
Mumbai-400 043.
Vs.
The State of Maharashtra
Deonar Police Station, Mumbai
… Applicant
… Respondent
Learned Advocate Mr. Qureshi for applicant/accused.
Learned APP Mr. Ramesh Siroya for State
CORAM : HIS HONOUR THE ADDL.SESSIONS JUDGE
SHRI.M.S.KULKARNI (C.R.NO.56)
DATED : 4th August, 2022.
ORDER
1.

This bail application is in respect of C.R.No.753/2022 registered
with Deonar Police Station dated 25.06.2022 for the offences
punishable under Sections 307, 324, 427, 504 read with Section 34 of
I. P. Code.
2.

The applicant/accused was arrested on 25.6.2022 and remanded
to police custody till 29.6.2022 and since 29.6.2022 he has been in
judicial custody.
3.

The FIR in short is that the first informant and accused are known
to each other. On 24.6.2022 co-accused Chand Badshah Shaikh had
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called
first
informant
and
applicant/accused for dinner.

other
accused
including
the
The first informant and accused
accordingly reached at the house of the co-accused Chand Shaikh for
dinner at 11.30 p.m. In the midnight around 1.00 a.m. on 25.6.2022
they all came at Ghatkopar Mankhurd Link Road.

One of the co-
accused namely Nadim had to go Rafiq Nagar slum area at Shivaji
Nagar but he could not get auto rickshaw. So he requested the first
informant to give his motor bike to go at home. As first informant
denied to give motorbike the co-accused Nadim became angry and he
kicked motorbike of the first informant which felled down on the road.
The co-accused Nadim did not stop thereat, rather he picked up one
wooden plank having nails and started to dealt blows on the motorbike.
When the first informant tried to resist him, he (co-accused Nadim)
started to assault the first informant with said wooden plank.

The
applicant/accused who was present with co-accused Nadim also started
to assault the first informant by fist blows. The first informant any how
got escaped to make phone to his brother Abdul Hasif. Abdul Hasif so
came at the spot who asked reason of assault to co-accused Nadim. At
that time he and co-accused Chand Shaikh assaulted him and the first
informant with the help of said wooden plank.
4.

The applicant/accused has asked for bail on the ground that;
a.

He has been falsely implicated him.

b.

The role attributed him does not attract Section 326 of the IPC.

c.

He is ready to abide all conditions.

5.

Prosecution has objected the bail on the grounds that;
a)
If the applicant/accused is released on bail, he would commit the
same offence against the first informant and prosecution witnesses.

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b)
The applicant/accused would tamper with the prosecution
evidence and he would flee from justice.
6.

The role assigned to the applicant/accused is that he assaulted
first informant by fist blows.

One of the accused had moved
anticipatory bail, this court rejected said application holding that
custodial interrogation is required to collect evidence in respect of
common intention and recovery. But the said fact will not come in the
way in this bail application.

The prosecution has not put on record
medical documents of the first informant as well as his brother.
Showing
that
they
are
still
suffering
from
injuries.

The
applicant/accused has been behind bar since 25.6.2022. He should not
be incarcerated further considering his role in the crime. So he is
entitled for bail with stringent conditions as below;
ORDER
1. Bail Application No. 1742/2022 is allowed.
2. Applicant/accused Matiullah Badullah alias Matiullah Badullah Darzi
is released on bail in C.R.No. 753 of 2022 on furnishing PB and SB of
Rs. 30,000/- (Rs Thirty Thousand only) with one or more surety in the
same amount.
3. Provisional cash security of Rs.30,000/- is allowed, which will remain
in force for two months. Meanwhile the applicant/accused has to
furnish surety as directed above.
4. He shall not flee from justice.
5. He shall not tamper with the evidence and co-operate with the
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investigating officer in investigation.
6. He shall attend Deonar Police St. on every Monday in between 10.00
a.m. to 11.00 a.m. till filing of the charge-sheet.
7. Bail before the Lower Court.
8. Bail Application No. 1742/2022 stands disposed off accordingly.

( M.S. KULKARNI )
ADDITIONAL SESSIONS JUDGE
GRATER MUMBAI
DATE: 04/08/2022
Dictated on
Transcribed on
Draft checked on
Re-typed on
Signed on
: 04/08/2022
: 06/08/2022
: 08/08/2022
: 17/08/2022
: 17/08/2022
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“ CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE AND TIME
NAME OF STENOGRAPHER
: 17.08.2022 at 12.00 p.m.
: Mrs.Prajakta K. More
NAME OF THE JUDGE
HHJ SHRI.M.S.Kulkarni
(C.R.No.56)
Date of Pronouncement of Order
04.08.2022
Order signed by the P.O. On
17.08.2022
Order uploaded on
17.08.2022