CNR No.

MHCC02­006516­2022
IN THE COURT OF SESSION FOR GR. BOMBAY AT MUMBAI
BAIL APPLICATION NO.1169 OF 2022
Muskan Kishor Mhatre
Age – 34 year, Occ – Housewife,
R/o – 2492, R.C. Marg, Near H.P.
Colony, New Bharat Nagar, Vashinaka,
Chembur, Mumbai­400074.

…
Applicant
…
Respondent
Versus
The State of Maharashtra
(At the instance of Police Station,
BKC,
C.R.No.40/2022)
Appearance:
Mr. Rajesh Shirke, Ld. Adv. for applicant.
Mrs. Rashmi Tendulkar, Ld. Addl. P.P.
CORAM :
DATE :
HIS HONOUR ADDL.SESSIONS
JUDGE M. G. DESHPANDE
(C.R.No.16)
May 20, 2022
ORDER
1.

Applicant Muskan Kishor Mhatre is one of the accused
persons in C.R.No.40/2022 registered with BKC Police Station under Ss.
394, 504, 506, 34 IPC. She is praying for bail. Prosecution vide say
(Exh.2) of Investigating Officer strongly opposed the application by
reiterating the facts alleged in the FIR and contended to reject the
application on following grounds.
a.

There are two antecedents against the applicant.

b.

Applicant was hiding herself, hence likely to abscond.

c.

There is possibility of repetition of crime and also likelihood
of threatening the informant and prosecution witnesses.

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BA No.1169/2022
Heard Ld. Adv. Rajesh Shirke for the applicant and
2.

Ld. A.P.P Mrs. Rashmi Tendulkar. Following points arise for my
determination.

I am recording following findings thereon for the
reasons discussed below :­
POINTS
FINDINGS
1.

Whether the applicant­accused has made
out a strong prima­facie case to release him
on bail ?

Yes
2.

What Order ?

Application is
allowed.
REASONS
POINT NO.1.
FACTS INVOLVED IN C.R.No.40 OF 2022
3.

Informant Tabrej Siddiqui is working and helping his father
in their Tea stall. On 05.03.2022 as usual after finishing the work,
informant and his brother Salim were going to sleep at 11.00 p.m. in
the shop situated at Garib Nawab Masjid, Motilal Nagar, BKC. At 12.30
in the midnight informant woke up to answer the nature’s call and for
that he went to MMRDA ground. At that time suddenly one woman
came from his backside, snatched informant’s mobile from his pant
pocket and started running. Therefore, informant chased her. When
they reached at Mohd. Estate Bus stop, in front of Mohammadia Masjid,
the informant tried to get his mobile back from the said woman.
However, that lady took bite of the left arm of the informant. She also
torn T­short of the informant, again snatched the said mobile and
further beat the informant on his head and hand with the help of stone.
At that time the rickshaw driver, who was already standing there with
his rickshaw alongwith two women, beat the informant by fist and kick
BA No.1169/2022
.. 3..

blows. However, the informant succeeded to get back his mobile from
the said woman and thereafter, he returned at his shop. But the said
woman chased the informant, came in the shop of the informant and
stated the informant that, if he does not return the mobile, she would
make hue and cry alleging that, he is breaching her modesty. The said
woman was under the influence of liquor and gave abuses to the
informant.
4.

Informant was frightened, hence his brother took him to
the house and informed the incident to other family members.
Thereafter, informant took treatment at Bhabha Hospital and reached at
BKC police station. The said woman was already present in the police
station and made tantrums by giving abuses to the police. At that time
informant came to know the name of that lady as Muskan Kishor
Mhatre. These are the facts.
5.

Applicant was arrested on 06.05.2022.

Admittedly, she
had undergone police custody remand for two days. The say of I.O.
indicates that she had responded the custodial interrogation. All this
prima­facie indicates that material part of investigation pertaining to
the applicant is over and therefore, she was remanded in judicial
custody. I am of the opinion that no one is sure when investigation will
be over, chargesheet will be filed, charge will be framed and trial will
begin.

It cannot be ignored that presently all jails in Mumbai are
overcrowded. In my opinion if certain conditions are imposed on the
accused, same will safeguard the objections of prosecution. At the cost
of repetition, I am of the opinion that keeping accused behind bars for
uncertain period is not justified. Say of Investigating Officer clearly
indicates that investigation is over and formality of filing chargesheet is
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BA No.1169/2022
only remained. Hence, I hold that the applicant has made out strong
prima­facie case.

Point No.1 is answered in the affirmative and
following order is passed :­
ORDER
1.

Bail Application No.1169 of 2022 is allowed.

2.

Applicant Muskan Kishor Mhatre be released on bail in
C.R.No.40/2022 registered with BKC police station by
executing PR bond of Rs.15,000/­ with surety bond of
like amount, on following conditions,
i)
The applicant shall attend BKC Police Station once in a
week on every Friday at any time between 08.00 a.m. to
05.00 p.m. and maintain its record for 60 days.

ii)
The applicant shall undertake not to pressurize informant
and prosecution witnesses, and also not to tamper with
the evidence of prosecution.

iii)
The applicant shall not repeat the crime in future.

iv)
The applicant shall not leave Mumbai without permission
of the Ld. Metropolitan Magistrate concerned.

3.

The applicant is permitted to furnish provisional cash
security of Rs.15,000/­ for a period of two months, with
PR bond as directed above.

4.

Bail before Ld. Court of First Instance.
MADHAV
GOPAL
DESHPANDE
Dt.: 20.05.2022
Signed on
Digitally signed
by MADHAV
GOPAL
DESHPANDE
Date: 2022.05.20
16:59:24 +0530
( M.G. Deshpande )
Addl. Sessions Judge.
C.R.No.16, Gr.Bombay at Mumbai
: 20.05.2022
BA No.1169/2022
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
20.05.2022 at
hours
UPLOAD DATE AND TIME
Name of the Judge
Date
of
pronouncement
judgment/order
(KISHOR PRAKASH SHERWADE)
NAME OF STENOGRAPHER
HHJ M. G. DESHPANDE
(COURT ROOM NO.16)
of 20.05.2022
Judgment/order signed by P.O. on
20.05.2022
Judgment/order uploaded on
20.05.2022