Muzamil Abdul Rahim Shaikh Vs State of Maharashtra Bombay Sessions Court Criminal Bail Application No 116 of 2022

MHCC020005672022
IN THE SESSIONS COURT FOR GREATER MUMBAI
AT MUMBAI
CRIMINAL BAIL APPLICATION NO.116 OF 2022
(CRIME NO.608 OF 2021, MAHIM POLICE STATION)
CNR No.MHCC02-000567-2022
Muzamil Abdul Rahim Shaikh,
Age : 20 years, Occ. : Service,
R.o. : Room No.62, Sevak Society,
Mori Road, Mahim (W), Mumbai–400 016.

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… Applicant
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… Respondent
Vs.
The State
(at the instance of Mahim Police Station
C.R. No.608/2021).

Appearances :Mr. Unmesh Breed, Ld. Adv. for applicant.
Mr. J. N. Suryawanshi, Ld. A.P.P. for respondent/State.
CORAM : PURUSHOTTAM B. JADHAV,
ADDL. SESSIONS JUDGE,
COURT ROOM NO.22.
DATE : 18th January, 2022.
ORDER
1.

This
is
an
application
for
regular
bail.

The
respondent/State resisted it by filing say at Exh.2. Read the application
and say. Heard both sides. Perused the record.
Addl. Sessions Judge
-2-
2.

BA 116/22
This application relates to offence punishable under
Sections 353, 323, 506 of the Indian Penal Code and Section 142 of the
Maharashtra Police Act.

The offence is not punishable with
imprisonment for more than seven years. Learned A.P.P. submitted that
there is possibility of tampering of witnesses and abscondance of the
applicant. However, no supporting material is shown. Moreover, the
applicant’s custodial interrogation is already over. He was arrested on
24/12/2021. He is permanent resident of Mumbai. It is not the case
that the applicant jumped the bail in earlier two offences registered
against him. It is also not the case that he had tampered any witness in
those cases. Considering these facts and nature of the offence, I am of
the opinion that it would be just and proper to release the applicant on
conditional bail. Accordingly, I pass the following order :ORDER
1.

Bail Application No.116 of 2022 is hereby allowed.

2.
Applicant Muzamil Abdul Rahim Shaikh in C.R.No.608 of
2021 registered with Mahim police station for the offence punishable
under Sections 353, 323, 506 of the Indian Penal Code and Section 142
of the Maharashtra Police Act, shall be released on bail on executing
P.R. bond of Rs.15,000/- with one surety in the like amount, and on
following conditions :(a)
He shall not tamper with the witnesses and evidence ;
(b)
He shall furnish his detail address, mobile/contact number,
address proof and identity proof at the time of furnishing bail ;
(c)
In case of change of his residence or mobile/contact
number, he shall inform it to the Court and Investigating Officer ;
(d)
He shall attend the Court regularly ;
(e)
He shall co-operate with the Investigating Officer ;
Addl. Sessions Judge
-3-
BA 116/22
(f)
He shall attend the concerned police station as and
required by Investigating Officer.
3.
Bail shall be furnished before concerned Metropolitan
Magistrate. If the case is committed to this Court, the bail shall be
furnished before this Court.
4.

Bail Application is disposed of accordingly.

Date : 18/01/2022.

( Purushottam B. Jadhav )
ADDL. SESSIONS JUDGE,
CITY CIVIL & SESSIONS COURT,
GREATER MUMBAI.

Directly typed on Computer on : 18/01/2022.
Printed on
: 20/01/2022.
Signed on
:
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
UPLOAD DATE AND TIME
20/01/2022 at 12.20 p.m.

NAME OF STENOGRAPHER
Bahushruta Y. Jambhale
Name of the Judge ( With Court H.H.J. Shri. Purushottam
Room No.)
Jadhav (Court Room No.22)
Date
of
Pronouncement
JUDGMENT/ORDER
of 18/01/2022.

JUDGMENT/ORDER signed by
P.O. on
20/01/2022.

JUDGMENT/ORDER uploaded on
20/01/2022.

Addl. Sessions Judge
B.