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IN THE COURT OF SESSIONS FOR GREATER MUMBAI AT MUMBAI
CRIMINAL BAIL APPLICATION NO.921 OF 2022
CNR NO. MHCC020052032022
Mohd. Saddam Hussain Irshad Shaikh
Age : 22 years, Occ : Service,
R/at : Room No.1685, Mahatma Gandhi
Nagar Zopadpatti C.G.S. Colony Sector 3,
Antophill Near Ralway Cabin,
Mumbai – 400 037.
]
]
]
]
]
]…Applicant/Accused
Vs.
The State of Maharashtra
(At the instance of Antop Hill Pol. Stn.)
]
]…Respondent/State
Appearances :
Mr. Ashwin Bhagwat, Ld. Advocate for the Applicant/Accused.
Ms. Jyotsana Gawali, Ld. APP for the Respondent/State.
CORAM : H. H. THE ADDL. SESSIONS JUDGE,
SHRI B.V. WAGH
(C.R. NO.24)
TH
DATED : 25 APRIL, 2022.
(ORAL ORDER)
Dictated and pronounced in the open Court)
The applicant seek his release on bail under Section 439 of
Cr. P.C. in connection with C.R. No.64/2022 registered with Antop Hill
Police Station for the offences punishable under Sections 326, 324, 504,
506 r/w 34 of the Indian Penal Code.
2.
Aforesaid crime emerged from the report dated 15.03.2022
lodged by informant Nurul Haq Firdos Shaikh alleging therein that
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accused called him and demanded money for liquor. On his refusal, the
accused enraged. Coaccused Rahim and Karim caught hold the
informant and coaccused Aftab hacked iron rod on his head, whereas
applicant hacked bamboo stick on his back. Thereafter, informant went
to Sion hospital. Later on, the aforesaid report is filed.
3.
Heard argument advanced by the both the sides and
perused the investigation papers.
4.
On going through the investigation papers, it indicates that
main culprit Aftab has inflicted iron rod on the head of the informant,
wherein he sustained grievous injury at left parietal region. The
applicant is alleged to have inflicted bamboo stick. The injured is
discharged from hospital on 19.03.2022. The applicant is arrested on
24.03.2022 and after going through initial police custody, he is brought
back to judicial custody and since then he is behind bar. During the
police custody, bamboo stick is recovered from him. The investigation in
respect of the applicant is considerably progressed.
5.
No criminal antecedent is demonstrated against the
applicant. Considering the nature of allegation against the applicant, his
minimal role and the stage of investigation, further detention of the
applicant is unwarranted. The Ld. Prosecutor expressed her anguish
that if the applicant is released on bail, he would again indulge in
similar occurrence. Considering the anguish expressed by the prosecutor
and the stage of investigation, applicant is released on bail on certain
conditions. Hence, the following order :
ORDER
1.
Criminal Bail Application No.921 of 2022 is allowed.
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2.
Applicant/accused Mohd. Saddam Hussain Irshad Shaikh be
released on bail on furnishing P.R. Bond of Rs.15,000/ along
with surety of like amount in connection with C.R. No.64/2022
registered with Antop Hill Police Station for the offences
punishable under Sections 326, 324, 504, 506 r/w 34 of the
Indian Penal Code.
3.
Applicant/accused shall furnish his residential address proof and
contact numbers to Investigating Officer.
4.
Applicant/accused shall mark his attendance at Antop Hill police
station on every first Monday of each month between 11.00 a.m.
to 2.00 p.m. till filing of chargesheet.
5.
The 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.
6.
Applicant/accused shall not leave India without previous
permission of the Court.
7.
Bail before Ld. Court below.
8.
Criminal Bail Application No.921 of 2022 stands disposed of
accordingly.
Date : 25.04.2022
Dictated on
: 25.04.2022
Transcribed on : 25.04.2022
HHJ signed on : 25.04.2022
[B.V. WAGH]
ADDITIONAL SESSIONS JUDGE
GREATER MUMBAI
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE
ORIGINAL SIGNED JUDGMENT/ORDER.”
Upload Date
25.04.2022
Upload Time
4.45 p.m.
Name of Stenographer
PRAJWALA V. PHODKAR
Name of the Judge (With Court HHJ SHRI. B.V. WAGH (CR 24)
Room No.)
Date of Pronouncement
JUDGMENT /ORDER
of 25.04.2022
JUDGMENT /ORDER signed by 25.04.2022
P.O. on
JUDGMENT /ORDER
on
uploaded 25.04.2022