CRI. BA 1636/2022
1
ORDER
MHCC020088862022
IN THE COURT OF SESSIONS FOR GREATER BOMBAY
AT MUMBAI
CRIMINAL BAIL APPLICATION NO. 1636 OF 2022
( CNR NO.: MHCC020088862022 )
Mohammad Salim Aslam Shaikh
Age : 19 years, Occ.: Carpenter.
Address Bharatiya Kamgar Nagar,
Shaikh Mistry Darga Road,
Sangam Nagar, Antop Hill,
Mumbai 400 037.
V/s.
The State of Maharashtra,
(At the instance of RAK Marg
Police Station vide C.R.No.551/2022)
…Applicant/Accused
…Respondent/State.
Appearance:
Advocate Abhishek Mishra, for the applicant/Accused.
Smt. Seema Deshpande, Ld. Addl. P.P., for the State/respondent.
CORAM : H.H. THE ADDL. SESSIONS JUDGE
ANAND PANDURANG KANADE (C.R.60)
DATE : 19.07.2022.
ORDER
1.
Vide present application under Section 439 of Code of
Criminal Procedure, the applicant requested to release him on bail in
Crime No. 551 of 2022 registered at RAK Marg Police Station for
offences punishable under Sections 353,338,279 of Indian Penal Code
and 184,181,179 and 129 of Motor Vehicle Act.
CRI. BA 1636/2022
2.
2
ORDER
Prosecution Case in brief is as under :
Suresh Maruti Dhale, A.S.I., is attached to RAK Marg Police
Thane, Mumbai. On 28.06.2022, in between 04:00 to 06:00 p.m., he
was on Nakabandi duty at Wadala Railway Station. At about 04:45
p.m., he noticed that one motorcyclist was coming from Wadala
Railway Station Site and that motorcyclist was not wearing helmet.
Hence, complainant, Suresh signaled both persons on bike to stop
motorcyclist.
Present
applicant/accused
was
the
rider
of
that
motorcycle. Complainant, Suresh enquired with the applicant/accused
about not wearing of the helmet and for driving license. In return,
applicant/accused replied that he has no driving license and tried to
raise dispute with complainant. The applicant/accused also, tried to flee
from the spot. Hence, the complainant tried to obstruct him. The
applicant/accused dashed the motorcycle on the complainant. In the
result, complainant sustained fractured injury to his shoulder.
Complainant was treated at Wockhardt Hospital, Agripada, Bombay.
The complainant lodged report with RAK Marg Police Station. On that
basis, crime no. 551 of 2022 has been registered against the
applicant/accused. In the course of investigation, I.O. arrested the
present applicant/accused and since 30.06.2022, he is in judicial
custody.
3.
The applicant has filed the present application to enlarge
him on bail on the grounds that he has been falsely implicated in the
present case. Since 30.06.2022, he is in judicial custody and his further
detention is not required. He is sole breadearner of his family. He is
ready to cooperate the investigation agency. Hence, this application.
4.
The Ld. Addl. P.P. and I.O. filed their say at Exh – 2 and
CRI. BA 1636/2022
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ORDER
resisted the bail application. It is submitted that there is possibility of
repetition of crime and tampering of prosecution evidence, if the
applicant/accused is enlarged on bail. The investigation of present
crime is going on. Hence, he prayed to reject the bail application.
5.
Heard both sides. Perused police papers on record. It
reveals that since 30.06.2022, the applicant/accused is in judicial
custody. The I.O. has visited the spot of occurrence and prepared the
Spot Panchanama. The accused is permanent resident of Antop Hill,
Wadala. His police custody period is already over. No ground is made
out for the further custody of the applicant/accused. For the foregoing
reasons, I am of view that he is entitled to be released on bail but on
certain conditions.
:ORDER:
1.
The Criminal Bail Application No. 1636 of 2022 is allowed as
under.
2.
The applicant accused namely Mohammad Salim Aslam Shaikh
be released on bail on executing personal bond of Rs. 20,000/ and one
or two solvent sureties of the same amount in Crime No. 551 of 2022
registered at RAK Marg Police Station.
3.
Cash security of Rs.20,000/ is permitted provisionally for the
period of 1 month in lieu of the surety bond.
4.
The accused shall attend the RAK Marg Police Station on every
Monday in between 11.00 a.m. to 01.00 p.m. till filing of the
chargesheet.
5.
The accused shall submit a list of atleast 3 blood relatives with
their detailed residential addresses and also the addresses of their place
of work if any, and documentary proof of showing the correctness of the
CRI. BA 1636/2022
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ORDER
details provided by them.
6.
The accused and the surety shall inform the police authorities as
well as the trial court, the change of their residential address while the
accused is on bail.
7.
The accused shall submit copies of at least 2 documents amongst
the Pan Card, Adhar card, Ration card, Electricity Bill, Voter ID card
issued by the election commission or the documents in respect of
immovable properties owned by him.
8.
After submission of the documents as mentioned above, the
Investigating Officer shall conduct physical verification of the residential
address so as to confirm the address appearing on those documents.
9.
The accused shall not make any inducement or threat to any
person acquainted with the facts of the case so as to dissuade him from
disclosing such facts to the court or to any police officer or tamper with
the evidence.
10.
The accused shall not leave territorial limits of Mumbai without
prior permission of the court.
11.
The accused shall not commit any offence similar to the offences
of which he is accused in the present matter.
12.
Conditions No. 5 to 8 shall be complied with simultaneous to the
furnishing of the cash security or the surety bond whichever is earlier.
13.
Bail before the Court of Metropolitan Magistrate.
Anand
Pandurang
Kanade
Digitally signed
by Anand
Pandurang
Kanade
Date: 2022.07.21
17:34:15 +0530
(Anand P. Kanade)
Addl. Sessions Judge
Sessions Court,
Mumbai. C.R. 60
CRI. BA 1636/2022
Dictated on
Transcribed on
Date of sign
: 19.07.2022
: 20.07.2022
: 21.07.2022
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ORDER
CRI. BA 1636/2022
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ORDER
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
21/07/2022
, 5.10 p.m.
UPLOAD DATE AND TIME
Mr. Prasad S. Pednekar
NAME OF STENOGRAPHER
Name of the Judge (with Court
Room No.)
HHJ Anand P. Kanade,(C.R.No.60)
Addl. Sessions Judge.,City Civil &
Sessions Court,
Date of pronouncement of /Order
19.07.2022
Order signed by P.O. on
21.07.2022
Order uploaded on
21.07.2022