CRI. BA 886/2024
1
ORDER
MHCC020056482024
IN THE COURT OF SESSIONS FOR GREATER BOMBAY
AT MUMBAI
CRIMINAL BAIL APPLICATION NO. 886 OF 2024
( CNR NO.: MHCC02-005648-2024 )
MOHAMMAD AYYUB YAAR MOHAMMAD KHAN
Aged: 26 years, Occ: Nil
R/a. Asalfa Village, Himalaya
Society, Milind Nagar Khadi No.2,
VTC- Barve Nagar, Ghatkoper,
Mumbai 400084.
…Applicant/Accused
V/s.
The State of Maharashtra,
(At the instance of Ghatkopar
Police Station vide C.R.No.84/2024)
(C.C.T.N.S. No.124 of 2024)
…Respondent/State.

Appearance:Ld. Adv. Raj Paradikar a/w. Ld. Adv. Shankar Ambhure 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 : 08.04.2024.

CRI. BA 886/2024
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. 84 of 2024 (C.C.T.N.S. No.124
of 2024) dated 03.02.2024 registered with respondent/state for the
offences punishable under Sections 326, 506(2), 504 r/w.34 of the
Indian Penal Code, u/s.4, 25 of the Indian Arms Act,1959 and u/s.
37(1), 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-3.
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 it inclined in impugned crime the
applicant alone is involved. Against him alleged that on 03.02.2024 at
02:30 p.m., he has raised the obstruction to the complainant and
started to demanding Rs.100/- for purchasing meat for which the
informant has denied whereon he has pushed back to him. The mother
of accused has rescued to informant. Thereafter, the accused come with
the two swords and started to threatening to kill informant and her
relatives. Moreover, he had raised attack and delivered blows of sword
CRI. BA 886/2024
3
ORDER
on the left side of neck and right thumb, due to that serious injury
caused to informant. The applicant has denied the entire allegations
and raised plea of false implication. He submitted that the informant
has caused simple in natures injury. He had not used any weapon for
the alleged crime. After raising the impugned crime he is immediately
arrested i.e. on 03.02.2024. His bail plea is rejected by the Ld. Trial
Court on general grounds. Now investigation is completed and chargesheet is filed. Thereby, he deserve to have the liberty.
5.

The respondent/state has strongly opposed to bail plea of
applicant principally on the grounds that he is habituated to commit
serious in natures crime. Thereby, strong possibility of tampering the
prosecution witnesses and evidence. He is having terror in the vicinity
of crime. Thereby, does not deserve to have the liberty.
6.

In above such circumstance cautiously considered the
availed record material and raised submissions would incline the bail
plea of applicant raised after submission of charge-sheet is rejected by
the Ld. Trial Court by order dated 20.03.2024 on the ground of strong
possibility of tampering evidence and informant has caused serious
injury. The plea submissions grounds raised by the applicant that
investigation is completed and charge-sheet is submitted. The informant
has not caused serious in natures injury. However, it inclined the
investigation is completed and charge-sheet is submitted. In impugned
matter in all 10 witnesses are having concern and involved. The certain
record material is also availed. Though the respondent has raised the
objection that he is habituated to commit serious in nature crime.
However, in that regard nothing availed on record. Moreover, when the
CRI. BA 886/2024
4
ORDER
charge-sheet is already submitted and the respondent has not raised
seriously considerable reason cause. In the circumstance I felt by
saddling stringent conditions would appropriate to have the relief
sought by the applicant. With this passed the following order.
:ORDER:
1.

The present Criminal Bail Application No. 886 of 2024 is hereby
allowed, subject to following conditions by the applicant/accused.
a.

The applicant MOHAMMAD AYYUB YAAR MOHAMMAD KHAN,
age 26 years, residing at Asalfa Village, Himalaya Society, Milind Nagar
Khadi No.2, VTC- Barve Nagar, Ghatkoper, Mumbai 400084 be released
on executing a P.R. Bond of Rs.50,000/- (Rupees Fifty Thousand Only)
and furnish one solvent surety in the like amount in connection with the
crime vide C.R. No. 84 of 2024 (C.C.T.N.S. No.124 of 2024) registered
with Ghatkopar Police Station for the offences punishable under
Sections 326, 506(2), 504 r/w.34 of the Indian Penal Code, u/s.4, 25 of
the Indian Arms Act,1959 and u/s. 37(1), 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.

CRI. BA 886/2024
e.

5
ORDER
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 Court.

h.

Accordingly, inform to the Ld. Trial Court, Investigating Officer/
Ghatkopar Police Station by sending copy of this order.
i.

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

The present Criminal Bail Application No. 886 of 2024 stands
disposed of accordingly.
Dictated and pronounced in open court
SHRIRAM
MADHUKAR
TAPKIRE
Dictated on
: 08.04.2024
Directly typed on : 08.04.2024
Date of sign
: 15.04.2024
Digitally signed by
SHRIRAM
MADHUKAR TAPKIRE
Date: 2024.04.15
15:08:05 +0530
(S.M. Tapkire)
Addl. Sessions Judge
Sessions Court,
Mumbai. C.R. 60
CRI. BA 886/2024
6
ORDER
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
15/04/2024, 3.05 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
08.04.2024
Order signed by P.O. on
15.04.2024
Order uploaded on
15.04.2024