MHCC020069762024
IN THE COURT OF SESSIONS FOR GREATER MUMBAI,
AT MUMBAI
CRIMINAL BAIL APPLICATION NO. 1124 OF 2024
Mohammed Hasan Jahid alias
Javed Hussain Shaikh
Aged 49 years,
R/at : Plot No. 8/72, Lotus Colony,
Near Durga Seva Sangh Mandir,
Govandi, Mumbai 43.

… Applicant/accused
Vs.
The State of Maharashtra
(At the instance of Shivaji Nagar
Police Station, Mumbai)
… Respondent
Appearances :Mr. R. M. H. Jabali, Ld. Adv. for applicant.
Mr. J. N. Suryawanshi, Ld. SPP for State/respondent.
CORAM : H. H. THE ADDL. SESSIONS JUDGE,
SHRI A. A. KULKARNI (C.R. NO.22)
DATED : 02nd May, 2024
ORDER
This is an application under Section 439 of Cr.P.C. for bail.
Heard Ld. Advocate for applicant and Ld. APP for the state. Perused
application, say and other documents on record.

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BA 1124/24
It is contention of the applicant that the applicant is
arrested by Shivaji Nagar Police Station, Mumbai in connection with
C.R. No.330/2024 for the offence punishable u/s 307, 452, 324, 504,
141, 143, 145, 147, 148, 149 of IPC with Sections 37(1)(A), 135 of
Maharashtra Police Act. It is further contended that, applicant is
innocent and he is falsely implicated in this case. Applicant has not
assigns any role in the alleged offence. In view of such allegations there
are no allegations against applicant of having assaulted informant with
intention to commit offence under Section 307 of Cr.P.C Nothing is
seized at the instance of applicant. In such circumstances, there is no
further need of detention of the applicant. Applicant is permanent
resident of Mumbai. Applicant is ready to abide conditions impose by
Court. Hence, prayed for grant of bail.
3.

Ld. APP and investigating officer opposed application on
the ground that crime is disclosed against applicant in first information
report. If applicant is released on bail there is possibility of tempering
evidence of prosecution. Hence, prayed for rejection of application.
4.

In view of submissions from both sides and on perusal of
the allegations in FIR, as per the allegations of informant incident
occurred on 16.04.2024 at about 10.30 to 11.00 pm. Informant and his
friend while talking each other near Durga Seva Sangh, Lotus Colony,
Shivaji Nagar, Govandi at that time Aafan Amir Khan and his friends
came there and assaulted him by fist blows. Shanaj Qureshi assaulted
him by knife on his head. Thereafter, Faisal Qureshi alias Sheru and
Mohasin strangled the informant to death with a rope. At that time
informant’s friends came there for settled the dispute but, Aamin
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assaulted Ahamad Ali Khan by knife on his head and applicant and
other accused assaulted by fist blows to them. Taking into consideration
these allegations in FIR, there are no allegations against applicant
having assaulted to informant and caused any injury. In view of role
assigned to applicant, there is nothing to be seized at the instance of
applicant. The alleged weapon is seized by police during investigation.
Informant/injured is out of danger and discharged from Hospital. Prima
facie there is no record about sustained injury to informant which is
likely to cause death. Hence, in such circumstances, I am of the opinion
that, further detention of applicant is not required. Therefore, I pass
following order :ORDER
1.

Criminal Bail Application No. 1124 of 2024 is allowed.

2.

Applicant/accused Mohammed Hasan Jahid alias Javed Hussain
Shaikh be released on bail on furnishing P.R. Bond of Rs.25,000/along with one or two more sureties in the like amount in
connection with C.R. No.330/2024 registered with Shivaji Nagar
police station.

3.

Applicant/accused shall attend Shivaji Nagar Police Station,
Mumbai, as and when required by Investigating Officer on notice.

4.

Applicant/accused shall furnish his residential address proof and
contact numbers to Investigating Officer.

5.

Applicant/accused shall not directly or indirectly, make any
inducement, threat or promise 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.

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BA 1124/24
Applicant/accused shall not leave India without previous
permission of the Court.

7.

Bail before learned Court below.

8.

Criminal Bail Application No.1124 of 2024 stands disposed of
accordingly.

Date : 02.05.2024
Digitally
signed by
AJAY ANIL
KULKARNI
Date:
2024.05.03
17:02:15
+0530
(A. A. Kulkarni)
Additional Sessions Judge,
Sessions Court,
Gr. Bombay (C.R.No.22)
Directly dictacted on computer : 02.05.2024
HHJ signed on
: 03.05.2024
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BA 1124/24
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SIGNED JUDGMENT/ORDER.”
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