CRI. BA 906/2024
1
ORDER
MHCC020057332024
IN THE COURT OF SESSIONS FOR GREATER BOMBAY
AT MUMBAI
CRIMINAL BAIL APPLICATION NO. 906 OF 2024
( CNR NO.:MHCC02-005733-2024 )
Mohammad Altaf Ansari @Papa
Aged: 25 years, Occ. Labour
R/at.: Kamruddin Chawl, Behind
Shivprabha Building, Himalaya Soc.,
Ghatkopar, Mumbai 400086
V/s.
The State of Maharashtra,
(At the instance of Ghatkopar
Police Station vide C.R.No.1052/2023)
(C.C.T.N.S. No.614/2023)
…Applicant/Accused
…Respondent/State.

Appearance:Ld. Advocate .Noorsaba Shaikh for the applicant/accused.
Ld. S. P.P. S.V. Kekanis and Ld. S.P.P Manisha J. Parmar for the
State/respondent.
CORAM : H.H. THE ADDL. SESSIONS JUDGE
S.M. TAPKIRE (C.R.60)
DATE : 26.04.2024.

CRI. BA 906/2024
2
ORDER
ORDER
1.

This is an application under Section 439 of Code of
Criminal Procedure, 1973 (hereinafter referred to as Cr.P.C) in
connection with the crime vide C.R. No. 1052/2023 (C.C.T.N.S.
No.614/2023) dated 27.11.2023 registered with respondent/state for
the offences punishable under Sections 307, 324, 323, 504, 506(2) r/w.
34 of the Indian Penal Code, 1860, u/s.4, 25 of the Indian Arms Act,
1959 and u/s. 37(1)(a) and 135 of the Maharashtra Police Act, 1951.
2.
of
The respondent/state has strongly opposed to the bail plea
the
applicant on various
grounds
by
filing
their
written
say/submission at Exh-4.
3.

Perused the application, plea submissions, grounds raised
therein coupled with the documents placed reliance by the applicant.
Also, perused the written say/objection of respondent/state. Heard Ld.
Advocate for the applicant and the Ld. S.P.P. for respondent/state.
4.

Having heard to the rival parties and considered their
raised submissions contentions and record availed prima-facie inclined
in impugned crime the applicant and co-accused Mohd. Altaf Ansari are
involved. Allegedly, both are arrested and behind bar. It is alleged that
on 26.11.2023 at about 11:30 p.m. the applicant and co-accused have
obstructed to informant Santosh Chavan and without any reason and
cause assaulted by helmet on his head. When his mother and brother
attempted to rescue him. Thereon, the applicant and co-accused
threatened to them on the point of sword. In said assault the informant
CRI. BA 906/2024
3
ORDER
was seriously injured and admitted in hospital. The applicant has
denied the entire allegations and raised the plea of false implication.
Also, submitted the counter cases raised against each other. They have
raised the FIR vide C.R. No.1053 of 2023 against informant and his
relatives. They are immediately arrested after raising of impugned
crime. At now investigation is completed and charge-sheet is filed. Thus,
considering such rival submissions contentions and record availed it
inclined the quarrel dispute arose between the rival parties on account
of teasing of informant by applicant and his companion co-accused.
Allegedly the applicant Mohd. Altaf Ansari has assaulted to the
informant by the helmet and got injured. The injury certificate is
clarifying the informant has caused simple in nature injuries. Further, as
the investigation is completed and charge-sheet is already submitted
whereby, considering the record availed prima-facie does not incline
considerable justifiable substance force in view of further custodial
detention of applicant for indefinite period. Furthermore, the alleged
weapons are also discovered and seized at the instance of co-accused.
Hence, I am inclined to have the liberty to applicant by saddling
stringent conditions. With this passed the following order.
:ORDER:
1.

The present Criminal Bail Application No. 906 of 2024 is hereby
allowed, subject to following conditions by the applicant/accused.
a.

The applicant Mohammad Altaf Ansari @ Papa, age 25 years
residing at Kamruddin Chawl, Behind Shivprabha Building, Himalaya
Soc., Ghatkopar, Mumbai 400086 be released on executing a P.R. Bond
CRI. BA 906/2024
4
ORDER
of Rs. 1,00,000/- (Rupees One Lakh Only) and furnish one or two
solvent sureties in the like amount in connection with the crime vide
C.R. No. 1052 of 2023 (C.C.T.N.S. No.614 of 2023) registered with
Ghatkopar Police Station for the offences punishable under Sections
307, 324, 323, 504, 506(2) r/w. 34 of the Indian Penal Code, 1860,
u/s.4, 25 of The Arms Act, 1959 and u/s. 37(1)(a) and 135 of the
Maharashtra Police Act, 1951.
b.

The applicant shall not tamper or hamper the prosecution
witnesses and evidence by any manner.
c.

The applicant shall attend every date of trial without fail.

d.

The applicant shall not indulge in any criminal activity.

e.

The applicant shall not leave India without prior permission of
Ld. Trial Court.
f.

The applicant shall submit his proper considerable residential
address proof as well as telephone and cell numbers with respondent, in
view of his contact.
g.

The applicant to make surety compliance before Ld. Trial/
Committal Court.
h.

Accordingly,
inform
to
the
Ld.

Trial/Committal
Court,
Investigating Officer/Ghatkopar Police Station by sending copy of this
order.

CRI. BA 906/2024
i.

5
ORDER
The respondent/Ghatkopar Police Station to take note of this
order.
j.

The present Criminal Bail Application No.906 of 2024 stands
disposed of accordingly.
Dictated and pronounced in open court
SHRIRAM
MADHUKAR
TAPKIRE
Dictated on
Transcribed on
Date of sign
: 26.04.2024
: 29.04.2024
: 30.04.2024
Digitally signed
by SHRIRAM
MADHUKAR
TAPKIRE
Date:
2024.04.30
15:10:54
+0530
(S.M. Tapkire)
Addl. Sessions Judge
Sessions Court,
Mumbai. C.R. 60
CRI. BA 906/2024
6
ORDER
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
30/04/2024, 3.11 p.m.
UPLOAD DATE AND TIME
Mr. Prasad S. Pednekar
NAME OF STENOGRAPHER
Name of the Judge (with Court Room No.)

HHJ S.M. Tapkire,(C.R.No.60)
Addl. Sessions Judge.,City Civil & Sessions
Court, Mumbai.

Date of pronouncement of Judgment/Order
26.04.2024
Order signed by P.O. on
30.04.2024
Order uploaded on
30.04.2024