MHCC020048402022
IN THE COURT OF SESSIONS AT GREATER BOMBAY
BAIL APPLICATION NO. 860 OF 2022
IN
C.R. NO. 94 OF 2022
1. Mohd. Nasir Mohd. Usman Shaikh,
2. Mohd. Nisar Kadir Shaikh
3. Mohd. Arshi Kadir Shaikh
4. Aliraja Hasan Tahir Shaikh
5. Mohd. Akhil Mohd. Kalim Shaikh
…Applicants.
V/s.
The State of Maharashtra
(At the instance of Agripada
Police Station Mumbai,
vide C.R. No 94/2022)
… Non­applicant
Appearance :­
Mr. Ganesh Waghmare, Ld. Advocate for applicants/accused.
Ms. Ashwini Rayakar, Ld. APP for respondent/State.
CORAM :
DATE
:
H.H.J. SHRI R.J. KATARIYA
(C.R.NO.56).
22nd APRIL, 2022.

ORDER BELOW EXHIBIT 1.
Heard Ld. Advocate Mr.Ganesh Waghmare for the
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BA 860/2022
applicants, Ld. APP Ms. Ashwini Rayakar for the State.
2.

Present application is filed by the applicants for grant
of bail in Crime No.94/2022 registered with Agripada Police Station, for
the offence punishable under Sections 143, 147, 149, 341, 353 of IPC
and Section 37(3) r/w 135 of Maharashtra Police Act.
3.

On 30.03.2022, A.D. No.31/2022 was registered at
Agripada Police Station in regard to death of minor girl whose dead
body was found at Classic Tower, B Wing, Dr. Anandrao Nair Marg,
Mumbai. The investigation was in progress. It is alleged that relatives of
the deceased were insisting to register offence of murder and rape. On
01.04.2022, at about 18.50 hours, mob was gathered out side the Police
Station and they started giving slogans and banging vehicle horn.
Informant API Krishna Tripal Ramteke came outside the Police Station.
There was unlawful assembly made by 35­40 persons insisting for
justice to the deceased girl. It is alleged that the abuses were given to
the police persons. Police tried to give them understanding but they
were not in a position to understand. They blocked road traffic. Some of
them came in the attacking mode on the police and interfered in
performance of their duty as Public Servant. Accordingly, crime was
came to be lodged against applicants and co­accused.
4.

The Learned advocate for applicants submitted that
applicants are falsely implicated in crime. They have not committed the
alleged offence. The applicants are ready to abide the conditions
imposed and prayed for grant of bail.
5.

Per contra, vide Say (Exh.2), Ld. APP opposed the
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BA 860/2022
application. It is submitted that applicants are seen in the CC TV
footage of the incident. The applicants and co­accused interfered in the
performance of duty of Police persons. The investigation is at initial
stage. Hence, prayed for rejection of the application.
6.

Considering the matter, there was mob of people gathered
at the Police Station making slogans and vehicle horn sounds. The
people gathered were said to insisting for justice to the deceased girl.
The applicants are arrested on 02.04.2022. They underwent PCR and
sent to judicial custody on 04.04.2022. Since then, they are behind bar.
Except section 353 of IPC rest all the offences are bailable in nature.
Considering the matter there would not be prejudice to the prosecution
if suitable conditions are imposed while granting bail to the applicants.
Hence, I proceed to pass following order :­
ORDER
1.

Bail Application No.860 of 2022 is allowed.

2
The applicants Mohd. Nasir Mohd. Usman Shaikh, Mohd.
Nisar Kadir Shaikh, Mohd. Arshi Kadir Shaikh, Aliraja
Hasan Tahir Shaikh and Mohd. Akhil Mohd. Kalim Shaikh
be released on bail in C.R. No.94/2022 registered at Agripada
Police Station, on furnishing P. R. bond of Rs. 15,000/­
(Rupees Fifteen Thousand Only) with surety of like amount
each.

3.

They shall co­operate for investigation and attend Agripada
Police Station as and when required by Investigating Officer.

4.

They shall not commit any other or similar offence.

5.

They shall furnish the photo copy of their Aadhar Card, photo
copies of documents of their permanent and temporary
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BA 860/2022
residential address.
6.

Provisional cash bail allowed for six weeks from today.

7.

Bail to be furnished before concerned Metropolitan Magistrate
Court.

8.

Learned Metropolitan Magistrate shall accept the cash bail as
above.

9.

Bail Application No.860/2022 stands disposed off.
RAJESH
JAGURAM
KATARIYA
Date : 22.04.2022
Typed on
Checked on
Signed on
: 22.04.2022
: 22.04.2022
: 22.04.2022
Digitally signed
by RAJESH
JAGURAM
KATARIYA
Date: 2022.04.22
17:35:05 +0530
( R.J. Katariya )
Addl. Sessions Judge(C.R. No. 56)
City Civil & Sessions Court,
Gr. Bombay.

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BA 860/2022
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER”
UPLOAD DATE
TIME
22.04.2022
Name of the Judge
NAME OF STENOGRAPHER
Umesh Jadhav (Typist)
Date of Pronouncement of Judgment/Order.

HHJ Shri R.J.KATARIYA
(CR No.56)
22.04.2022
Judgment/order signed by P.O on
22.04.2022
Judgment/order uploaded on
22.04.2022