IN THE COURT OF SESSIONS FOR GR.BOMBAY AT MUMBAI
BAIL APPLICATION NO.1828 OF 2022
CNR NO.MHCC02-009883-2022
Mohd. Amjad Zahir Ansari
Age : 23 years. Occ: Labour
R/a: Plot No.5/10, Road No.7 and 8,
Baiganwadi, Shivaji Nagar,
Govandi, Mumbai-400 043.

… Applicant/Accused
Versus
State of Maharashtra
(At the instance of Shivaji Nagar
Police Station.)

… Respondent.

Ld. Advocate Mr. Sandesh More for applicant/accused.
Ld.APP Mr. Ramesh Siroya for the State.
CORAM : HIS HONOUR THE ADDL.SESSIONS JUDGE
SHRI.M.S.KULKARNI (C.R.NO.56)
DATED : 5th August, 2022
(DICTATED AND PRONOUNCED IN OPEN COURT)
ORAL ORDER
1.

This bail application is in respect of C.R.No.629/2022
registered with Shivaji Nagar Police Station dated 6.06.2022 for the
offences punishable under Sections 307, 323, 324 and 504 of the I.P.C
and Section 37 (1) (a), 135 of the Maharashtra Police Act.
2.

The applicant/accused was arrested on 6.6.2022. He was
in police custody till 9.6.2022 and since 9.6.2022 he has been in judicial
custody.

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3.

The
FIR
discloses
that
the
first
informant
and
applicant/accused are friends. 2-3 days prior to the date of incident
the quarrel was going on in between the applicant/accused and some
other people. The first informant at relevant time without taking side of
the applicant/accused left the said place. Having grudge of said fact on
the date of incident dated 5.6.2022 at about 8.30 p.m. the
applicant/accused came at the house of the first informant and called
him outside the house.

When the first informant came outside the
house, the applicant/accused started to abuse the first informant asking
him why he did not help him at the time of quarrel.

Then the
applicant/accused started to assault the first informant by hands and
kick blows. The applicant/accused then took out the knife and saying
that “it is not proper to keep alive a friend who does not help” dealt
sever blows thereof at chest, back, arms and left knee of the first
informant. Because of that first informant sustained bleeding injury
and fell on the ground. Hearing his cry when the people gathered, the
applicant/accused ran away.
4.

The applicant/accused has asked for bail on the grounds
that he has been falsely implicated, he is permanent resident of Mumbai
having deep roots in the society and he is earning source of his family.
5.

As per the story of the applicant/accused the first informant
is the drug addict and jobless youth having trouble to the society.

On
the day of incident infact the first informant was in a inabrated State
under the influence of drugs and demanded money from the applicant/
accused.

As he denied the demand of the first informant himself
inflicted injuries on his body person with knife and then snatching bag
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of the applicant/accused ran away from the spot.
6.

Prosecution has strongly objected on the ground that the
first informant has sustained grievous injuries on body person. As both
are residing in the same locality the applicant/accused may pressurize
the first informant and cause same injury in future. Further the
applicant/accused may flee from the justice.
7.

I heard Learned advocate Mr. Sandesh More for the
applicant/accused and Learned APP Mr. Siroya for the State at length.
8.

From the report it appears that investigation is almost over.

Recovery of knife is done. Statements of the witnesses are recorded.
Other panchanamas are also conducted. When investigation is over it is
not proper to keep applicant/accused behind the bar for further period.
The prosecution has not put on record medical documents showing that
the first informant has been suffering from the injuries sustained in the
crime.

In short the first informant has been discharged from the
hospital and he is carrying his day to day work.

Against that the
applicant/accused who is the source of his family is behind bar for near
about 2 months.
9.

No doubt the applicant/accused and first informant are
residing same locality rather they are friend of each other. So the fair
expressed by the prosecution can be safeguarded by putting stringent
conditions of the applicant/accused. Hence I pass following order;
ORDER
1. Bail Application No.1828 of 2022 is allowed.

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2. Accused/applicant Mohd. Amjad Zahir Ansari is released on bail in
C.R.No. 629/2022 on furnishing PB and SB of Rs. 30,000/-(Rs. Thirty
Thousand) with one or two surety in the same amount.
3. Provisional cash security of Rs. 30,000/- is allowed which will remain
in force for two months. Meanwhile applicant/accused has to furnish
surety as directed above.
4. Applicant/accused shall not flee from justice.
5. Applicant/accused shall not tamper with the evidence and co-operate
with the investigating officer in investigation.
6. Applicant/accused shall attend Shivaji Nagar Police Station on every
Thursday in between 10.00 a.m. to 11.00 a.m. till filing of charge-sheet.
7. Bail before trail Court.
8. Bail Application No.1828/2022 stands disposed off accordingly.

Date : 05.08.2022.
Dictated on
Typed on
draft checked on
Retyped on
Signed on
: 05.08.2022.
: 08.08.2022.
: 08.08.2022
: 08.08.2022
: 08.08.2022
(M.S.Kulkarni)
Addl.Sessions Judge,
City Civil and Sessions Court,
For Greater Bombay
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“ CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE AND TIME
NAME OF STENOGRAPHER
: 8.08.2022 at 4.10 p.m.
: Mrs.Prajakta K. More
NAME OF THE JUDGE
HHJ SHRI.M.S.Kulkarni
(C.R.No.56)
Date of Pronouncement of Order
05.08.2022
Order signed by the P.O. On
08.08.2022
Order uploaded on
08.08.2022