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Cri BA No.384/2024
MHCC020026632024
IN THE COURT OF SESSION FOR GREATER BOMBAY
CRIMINAL BAIL APPLICATION NO.384 OF 2024
Mohd Matin Niyaj Ahmad,
Age: 22 Years, Occ: Service.

]
] …Applicant.

Versus
The State of Maharashtra
]
(At the instance of Kurla Police Station Vide C.R. ]
No.503 of 2023)
] …Respondent.
Advocate Imran Sheikh for applicant.
APP Sulbha Joshi for the State.
CORAM :
SHRI. S.B. PAWAR,
THE ADDL. SESSIONS JUDGE (C.R. No.58)
DATE
:
18th MARCH, 2024.
ORDER
This is first application after charge-sheet by the applicant
for regular bail under section 439 of the Code of Criminal Procedure,
1973, in connection with C.R. No.503 of 2023 registered with Kurla
Police Station for offence punishable under sections
307, 353, 279,
332, 333, 336 of the Indian Penal Code and sections 184 and 135 (a)
(b) of the Motor Vehicles Act.
2.

As per the case of prosecution, on 28.11.2023 first
informant Police Constable Laxman Madhukar Mojar, was on traffic
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Cri BA No.384/2024
control duty at L.B.S. Road. The applicant came in a Wagon-R Car from
Ghatkopar on L.B.S. Road and took right u-turn at a divider, where uturn was not allowed and started proceeding towards Ghatkopar. The
first informant came infront of the car, which was being driven slowly
and gave signal to the applicant to stop the car. However, applicant did
not stop the car.

He abruptly increased the speed of car. The first
informant fell down infront of the car. The applicant ran over the car on
the person of the first informant with intention to kill him. The first
informant sustained fracture on his right thigh and other injuries on his
head and fingers of hand. The applicant fled from the spot with the
vehicle. Initially, the complaint was filed against unknown car driver on
the same day.
3.

The applicant contends that he is falsely implicated. He is
victim of circumstances.

The story of prosecution is doubtful.

The
offence leveled against the applicant is not attracted. He is a young
person and belongs to poor family. Investigation is complete and
charge-sheet is filed. No purpose will be served by detaining him in
custody till conclusion of trial. His further custody may affect his future
and thus, he seeks the bail.
4.

Prosecution in reply Exh.2 opposed the prayer on the
grounds that the investigation is at final stage and release of applicant
may affect the investigation. The applicant was absconding since the
time of offence and he could be nabbed after strenuous efforts. He may
flee from justice. His earlier bail application is rejected. He drove car
over the person of the first informant, while he was discharging public
duty, with intention to cause his death.

He may pressurize the
witnesses. There is possibility that he may destroy the evidence.

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5.

Cri BA No.384/2024
Heard Mr. Imran Sheikh, learned Advocate for the applicant
and learned APP Pankaj Chavan for the State. Learned Advocate for the
applicant submits that charge-sheet is filed against the applicant. He
produced copy of charge-sheet and submitted that the victim has taken
medical treatment in private hospital. He is discharged from the
hospital on 06.12.2023. There is no authoritative document to show
that offence u/s 307 of IPC is attracted. Applicant is a young person of
22 years of age. He is arrested on 25.12.2023. The facts indicate that
informant suddenly came in front of the moving car and therefore, the
accident took place.

The offence under section 307 of IPC is not
attracted. Therefore, he urged that the application be allowed.
6.

Learned APP argued that to attract offence u/s 307 of IPC,
what is relevant is intention and not the injury. The intention has to be
gathered from the act and the act prima facie attracts offence under
section 307 of IPC. There is sufficient material to show involvement of
the applicant in the offence. He further argued that the accused could
be arrested after strenuous inquiry by police. The offence is serious and
there is possibility of repetition of the offence. Therefore, as per the his
submissions, the applicant can not be admitted to bail.
7.

I have carefully considered submissions of both the sides.

Perused the copy of charge-sheet produced on record and the
documents annexed with the application. The incident took place on
28.11.2023. The applicant is arrested on 25.12.2023. It is alleged that
the applicant ran the car over the person of the victim, a public servant
on traffic control duty, while the victim was trying to stop the car after
the applicant took u-turn in violation of traffic rules. The wound
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Cri BA No.384/2024
certificate issued by Fortis Hospital, annexed with the charge-sheet
shows that the victim had suffered fracture of mid shaft of femur and he
is discharged from the hospital on 06.12.2023.
8.

The earlier bail application BA No.110 of 2024 filed by the
applicant is rejected primarily on the ground that the investigation was
in progress. In the reply, though it is contended that the investigation is
at final stage, the learned advocate for the applicant has produced on
record copy of charge-sheet, which goes to show that the investigation
is now complete and charge-sheet has been forwarded to the Court. The
offence under Section 307 of IPC is no doubt a serious offence, however,
the alleged offence in the present case seems to have been committed
without any pre-meditation.
9.

The charge-sheet has been submitted by the investigating
agency. Looking at the pendency of the criminal cases in the Court,
commencement and conclusion of trial in the matter may take
considerably long time. The applicant does not seem to have any
criminal antecedents. The purpose of bail is to secure presence of
accused during trial. Pre-trial detention can not be imposed by way of
punishment. Considering the facts of the present case, in my opinion,
though applicant is a resident of state of Utter Pradesh, his presence in
the Court can be secured by imposing appropriate terms and conditions
and his further detention in the jail is unwarranted. Thus, I pass
following orderORDER
1.

Criminal Bail Application No.384 of 2024 is allowed.

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2.

Cri BA No.384/2024
The applicant Mohd Matin Niyaj Ahmad who is accused in C.R.

No.503 of 2023 registered with Kurla Police Station for offence under
sections 307, 353, 279, 332, 333, 336 of Indian Penal Code and sections
184 and 135 (a) (b) of the Motor Vehicles Act, be released on his
executing PR Bond of Rs.30,000 /- (Rupees Thirty Thousand Only) and
on furnishing one or two sureties in the like sum on following
conditions:(a)
The 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.
(b)
The applicant shall not tamper with evidence of the
prosecution.
(c)
The applicant shall not commit similar offence while
on bail.
(d)
The applicant shall not try to contact the informant or
witnesses personally or through anybody till conclusion of
trial.
(e)
The applicant shall submit documents regarding his
permanent address and contact details, as well as contact
details of his at least two close relatives residing in Mumbai,
to the concerned police station and the Court, within seven
days of his release and if in future, there is any change in his
address or contact details, intimate the same to the concerned
police station.
(f)
3.

The applicant shall attend the trial regularly.

Breach of any of the above conditions shall entail the cancellation
of the bail.

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4.

Cri BA No.384/2024
Provisional cash bail of Rs.30,000/- allowed for the period of six
weeks.
5.

Criminal Bail Application No.384 of 2024 is disposed off
accordingly.
Sd/-
Date : 18/03/2024
Order Dictated on: 18/03/2024
Transcribed on : 18/03/2024
Order Typed on : 18/03/2024
Signed on
: 18/03/2024
(S.B. PAWAR)
Additional Sessions Judge
City Civil & Sessions Court,
Gr. Bombay
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Cri BA No.384/2024
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