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MHCC020006572022
IN THE COURT OF SESSIONS AT GREATER BOMBAY
BAIL APPLICATION NO.125 OF 2022
CNR NO.MHCC020006572022
Mohammad Gulfan Saifi
Mohamad,
age 27 years,Occ.Service,
R/at.Taste of Kerala Hotel,
Fort,Mumbai.
V/s
The State of Maharashtra
At the instance of MRA Marg
Police station,Mumbai in
C.R.No.1 of 2022
….Applicant/accused
…. Respondent
Ld.Counsel A.P.Madhuri for applicant.
APP Shri.Erande for State/Respondent.
CORAM :
HIS HONOUR THE ADDITIONAL SESSION JUDGE
SHRI.MILIND A.BHOSALE
DATE:28/01/2022 C.R.NO.27
ORDER
This is an application filed by accused/applicant in
connection with offences registered against him u/s.307,504,
506(ii) r/w 34 of IPC.
2.
It is the case of prosecution that, on 01/01/2022 when
informant proceed to H.S.B.C. bank to collect debris from his
truck at about 4.45 a.m. The person who wear black and blue T
shirt came, started giving abuses to him and also called two
persons by making telephone call, all of them came to the spot
of incident assaulted to him on bamboo, he sustained injury on
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his entire body and therefore, FIR came to be registered in the
MRA Marg police station.
3.
On the basis of report, crime was registered against
applicant. He was arrested by police, produced before
Ld.Metropolitan Magistrate to which necessary custody was
granted to the applicant, at present he is in judicial custody.
4.
Ld.Counsel A.P.Madhuri for applicant submitted that,
applicant arrested by police as an accused no.4. However, he
does not relate or connected in the present crime. He only went
to the spot of incident on his scooty, however, police official
falsely involved him in the present crime. Investigation in the
present crime is over. Muddemal property is recovered. The
applicant is ready to furnish bail. He is ready to obey any
condition imposed by the court. Lastly, she prayed that the
applicant may kindly be released on bail.
5.
Ld.APP Erande for State submitted that, the detailed
allegation is narrated by informant in the FIR. Even though, he
had given description of unknown person to the police and on
the basis of description police reached to the accused and
investigation is in progress. Serious offence, injured sustained
injury on the entire body and therefore, he is not entitled for
bail.
6.
After gone through the submission, I drew my attention
towards reply,
as well
as medical certificate filed
by
Investigating Officer with diary. Admittedly, the injured
sustained injuries on his entire body, some of the injuries are
grievous in nature.
No doubt about that, serious offence is
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against applicant. Investigation is in progress. Considering the
nature and gravity of the said offence, I am of the opinion that,
it is not right time to release the accused on bail. Hence, I
proceed to pass following order.
ORDER
Bail Application No.125 of 2022 is rejected.
Bail Application No.125 of 2022 stands disposed of.
Date : 28/01/2022
(Milind A.Bhosale)
Additional Sessions Judge
City Civil & Sessions Court
Gr.Bombay
Dictated on
:
28/01/2022
HHJ Signed on
:
28/01/2022
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER.”
28/01/2022
4.30pm
UPLOAD DATE AND TIME
(Mrs.P. P. Khanvilkar)
NAME OF STENOGRAPHER
Name of the Judge (With Court
room no.)
Date
of
Pronouncement
JUDGMENT/ ORDER
SHRI M.A.BHOSALE
(C.R. No.27)
of
28/01/2022
JUDGMENT/ORDER signed by P.O.
on
28/01/2022
JUDGMENT/ORDER uploaded on
28/01/2022