MHCC020063652022
IN THE SESSIONS COURT FOR GREATER MUMBAI
AT MUMBAI
CRIMINAL BAIL APPLICATION NO.1158 OF 2022
(CRIME NO.57 OF 2022, MAHIM POLICE STATION)
CNR No.MHCC02-006365-2022
Mohamad Mustaffa Rafiq Shaikh,
Age : 25 years, Occ. : Service,
R/o. : 760, Muslim Nagar, Kumbarwada,
90 Ft. Road, Near Sunder Vilas Hotel,
Dharavi, Mumbai – 17.

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… Applicant
Vs.
State of Maharashtra,
(Mahim police station).

]
]
… Respondent/
Complainant
Appearances :Mr. Sunil Lalla h/f Mr. R. T. Jagasia, Ld. Adv. for applicant.
Mr. V. D. More, Ld. A.P.P. for respondent/State.
CORAM : PURUSHOTTAM B. JADHAV,
ADDL. SESSIONS JUDGE,
COURT ROOM NO.22.
DATE : 23rd May, 2022.
ORDER
1.

This
is
an
application
for
regular
bail.

The
respondent/State resisted it by filing say at Exh.2. Read the application
and say. Heard both sides. Perused the record.
Addl. Sessions Judge
-2-
2.

BA 1158/22
This application relates to Crime No.57 of 2022 registered
with Mahim police station for an offence punishable under Section 307
r/w. 34 of the Indian Penal Code. The application is resisted on the
ground that there is possibility of tampering of witnesses and non cooperation of the applicant in the investigation. However, it may be
noted that investigation is already over. The co-accused is granted
anticipatory bail by Hon’ble High Court observing that “the F.I.R.

reveals that the complainant had first assaulted co-accused Swapnil
and the present applicant Mustafa by a metal knuckle and inflicted
injuries by knife and that the present applicant retaliated by assaulting
the complainant by a metal pipe.” It is not the case that the applicant
has criminal antecedent. He is in custody since 07/03/2022. The
investigation is already over and charge-sheet is also filed. The victim is
already discharged from the Hospital. Considering all these facts and
circumstances, I am of the opinion that this is a fit case for granting
bail. Accordingly, I pass the following order :ORDER
1.

Bail Application No.1158 of 2022 is hereby allowed.

2.
Applicant Mohamad Mustaffa Rafiq Shaikh in C.R. No.57
of 2022 registered with Mahim police station for the offence punishable
under Section 307 r/w. 34 of the Indian Penal Code, shall be released
on bail on executing P.R. bond of Rs.20,000/- with one or more sureties
in the sum aggregating to Rs.20,000/-, and on following conditions :(a)
He shall not tamper with the witnesses and evidence ;
(b)
He shall furnish his detail address, mobile/contact number,
address proof and identity proof at the time of furnishing bail ;
(c)
In case of change of his residence or mobile/contact
number, he shall inform it to the Court and Investigating Officer ;
Addl. Sessions Judge
-3-
(d)
BA 1158/22
He shall attend the Court regularly.

3.
Bail shall be furnished before concerned Metropolitan
Magistrate. If the case is committed to this Court, the bail shall be
furnished before this Court.
4.

Bail Application is disposed of accordingly.
Digitally signed
by
PURUSHOTTAM
BHAURAO
JADHAV
Date: 2022.05.24
11:14:24 +0530
( Purushottam B. Jadhav )
ADDL. SESSIONS JUDGE,
CITY CIVIL & SESSIONS COURT,
GREATER MUMBAI.

Date : 23/05/2022.
Directly typed on Computer on
Printed on
Signed on
: 23/05/2022.
: 23/05/2022.
:
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
UPLOAD DATE AND TIME
24/05/2022 at 11.20 a.m.

NAME OF STENOGRAPHER
Bahushruta Y. Jambhale
Name of the Judge ( With Court H.H.J. Shri. Purushottam
Room No.)
Jadhav (Court Room No.22)
Date
of
Pronouncement
JUDGMENT/ORDER
of 23/05/2022.

JUDGMENT/ORDER signed by
P.O. on
24/05/2022.

JUDGMENT/ORDER uploaded on
24/05/2022.

Addl. Sessions Judge
B.