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BA 551/2024
20/03/2024
MHCC020037102024
IN THE COURT OF SESSIONS FOR GREATER BOMBAY AT
BOMBAY
( Court No.17 )
(Presided Over by S.N.PATIL)
CRIMINAL BAIL APPLICATION NO.551 OF 2024
Mohd. Farid Alim Shaikh
Age: 19 years,Occ:-Service
Mohd. Rafik Nagar,
Ahilyabai Holkar Marg,
Opp. Fate Jim, Govandi,
Mumbai-400 043.

..Applicant/accused
VERSUS
State of Maharashtra.
(Through Chembur Police station)
..Respondent/State.
________________________________________________________
Appearance:Ld. adv. Ms.Anita Marbhal for the applicant/accused
Mrs. Ashwini Raykar Ld.A.P.P. for the State/respondent.
________________________________________________________
CORAM : S.N.PATIL
ADDL. S.JUDGE (C.R.17)
DATE : 20/03/2024
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ORDER
1.

This is an application under section 439(1) of the
Cr.P.C., filed by the applicant/accused to release him on regular
bail.
2.

Perused the application and say filed by the
prosecution. Heard both sides.
PROSECUTION CASE
3.

It is alleged that on 04/02/2024 at about 00.20
hours, applicant/accused along with his other associates called
the informant near public toilet. When informant reached there,
present applicant/accused along with his other associates ran on
the person of informant. Accused-Khaskya by brandishing knife
ran away on the person of informant. The public gathered there
ran helter skelter. Accused-Khaskya assaulted the informant by
means of sword on his right side of head. The other accused
assaulted the informant with wooden bamboo.

Accused-
Khaskya also assaulted the informant on his right hand by
sword. When the brother of the informant-Rushabh went to
intervene in the dispute, accused-Khaskya assaulted him on his
left hand by means of sword. Thereafter all the assailants ran
away from the spot. The informant and his brother were shifted
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to the hospital and he was admitted in ICU.
4.

On the basis of the said information, crime bearing
No.44 of 2024 was registered against the applicant/accused at
Chembur police station for the offence punishable under
Sections 307, 326, 504, 506 r.w. 34 of the Indian Penal Code
and under Section 4,25 of the Arms Act.
5.

Applicant/accused prayed for bail on following
amongst other grounds:a-
Applicant/accused is falsely implicated in
the present matter.

b-
No specific role is attributed to the
applicant/accused.

c-
The applicant/accused is 19 years old
and last one month he is in custody.

d-
Applicant/accused is ready to abide by the
conditions imposed upon by the Court.
By
making
these
submissions,
Ld.

Counsel
appearing for applicant/accused prayed to release him on bail.
6.

Ld. APP and Investigating officer submits that if
applicant/accused is released on bail, he will commit similar
type of offence, pressurize the witnesses and he may flee away
from justice. The applicant/accused along with his other
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associates has created terror in Chembur area.
By making these submissions, Ld. APP prayed to
reject the application.
7.

Ld.

Counsel
appearing
for
applicant/accused
submits as under:a-
The present applicant/accused assaulted the
informant by wooden bamboo.

b-
The applicant/accused is tender age. He is
ready to co-operate the investigating machinery.
By
making
these
submissions,
Ld.

Counsel
appearing for applicant/accused prayed to release him onn bail.
8.

On the contrary, Ld. A.P.P. submitted that on perusal
of the first information report, it can be revealed that
applicant/accused actively participated in the present offence.
The informant sustained grievous injuries. The investigation is
not completed. The applicant/accused ran away on the person
of the informant. There is pre-intention of applicant/accused to
commit murder of informant.
By making these submissions, Ld. A.P.P. prayed to
reject the bail application.
10.

Considered the submissions advanced on behalf of
both sides. It is the contention of the prosecution that
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applicant/accused along with his associates assaulted the
informant with an intention to commit his murder.

The
informant sustained grievous injuries.
11.

The applicant/accused is of tender age. Since last
one month, the applicant/accused is in jail custody.

The
applicant/accused assaulted the informant by wooden bamboo.
The weapons i.e. Sword and wooden bamboo is recovered by
the police.
12.

There is no need to keep applicant/accused behind the
bars as principle of law is that bail is rule and jail is an
exception.

If the applicant/accused is released on bail with
stringent conditions, the purpose would be served and the
possibility of absconding and tampering with the witnesses may
be curtailed. No purpose would be served by languishing the
applicant/accused behind the bars. So considering all the above
aspects and the nature of the offence, present applicant/accused
is entitled to be released on bail with certain conditions in the
light of alleged apprehension of the prosecution. Hence,
applicant/accused is entitled for regular bail. In the result,
following order:-
ORDER
1.

Criminal Bail Application No.550 of 2024 is allowed
2.

Applicant/accused –Mr.Mahesh Mahadu Gade
be
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released on furnishing PB of Rs. 25,000/- with one or more
solvent sureties of the like amount in crime No. 44/2024
registered at Chembur Police Station.
3.

The
applicant/accused
shall
not
tamper
with
the
prosecution evidence or witnesses in any manner.
4.

The accused/applicant 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 or
tamper with the evidence.
5.

The applicant/accused shall remain present before the
investigating officer of Chembur police station once in a month
i.e. 25th day of each calender month till filing of charge sheet for
smooth investigation.
6.

The accused/applicant shall not leave India without prior
permission of this Court.
7.

The accused/applicant be released on provisional cash
bail of Rs.25,000/- for a period of four weeks from today.
8.

Criminal bail application No.550 of 2024 is disposed of
accordingly.

20/03/2024
( S.N.PATIL )
Addl. Sessions Judge
City Civil & Sessions
Court, Gr. Bombay.

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Dictated on
Transcribed on
Signed on
:
:
:
20/03/2024
20/03/2024
20/03/2024
20/03/2024
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE
ORIGINAL SIGNED JUDGMENT/ORDER”
20.03.2024 at 6.00 pm
UPLOAD DATE AND TIME
Name of the Judge (with Court
Room No.)

Mrs. T.C.KAMBLE
NAME OF THE STENOGRAPHER
HHJ SHRI.S.N.PATIL(C.R.No.17)
Addl. Judge.,City Civil & Sessions Court,
Date of pronouncement of /Order 20/03/2024
Order signed by P.O. on
20/03/2024
order uploaded on
22/03/2024
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