BA 890/22
1
ORDER
IN THE COURT OF SESSIONS FOR GREATER BOMBAY
AT MUMBAI
CRIMINAL BAIL APPLICATION 890 OF 2022
( CNR NO.: MHCC020049542022 )
Nafis Anis Choudhari
Age: 34 Yrs, Occ: Business,
R/at. A/26, Room No.7,
BMC Colony, Road No.6,
Parkside Vikroli (W), Mumbai.
…Applicant/Accused
V/s.
The State of Maharashtra,
( At the instance of Ghatkopar
Police Station vide C.R.No.231/22)
…Respondent/State.
Appearance:
Shri. Sonawane, Advocate for the applicant/Accused.
Smt. Seema Deshpande, Addl. PP for the State/respondent.
CORAM : H.H. THE ADDL. SESSIONS JUDGE
DEEPAK L. BHAGWAT (C.R.60)
DATE : 05.05.2022
ORDER
1.
Vide present application under Section 439 of Code of
Criminal Procedure, the applicant requested to release him on bail in
Crime No. 231 of 2022 registered at Ghatkopar Police Station for
offences punishable under Sections 353, 504 of Indian Penal Code.
BA 890/22
2.
2
ORDER
The prosecution case in brief is that while the accused was
driving motor cycle without protective head gear, the informant Public
servant being a police constable tried to stop him for issuing Echallan
and taking the photograph, the accused abused the informant and
pushed the Echallan machine in the hands of the informant and tried to
pull the body warm camera on the shirt of the informant. There was
altercation between the informant and the accused. With the help of
colleagues the informant carried the accused to the police station.
3.
The learned advocate argued that the case is of simple
abusing. No need of further detention of the applicant. He requested to
allow the application. On the other hand learned APP submitted that
there is material showing that the applicant committed the offence of
obstructing a public servant. There has been increase in the mentality of
commission of offences obstructing public servant. Therefore, she
requested to reject the application.
4.
True that the FIR apparently shows that the accused
applicant used criminal force against the public servant in discharge of
his public duties. However, the incident involves verbal abuses and
mere altercation including scuffle. Police custody period of the applicant
is already over. Nothing is to be recovered from the applicant. No need
of further detention of the applicant. The offence punishable under
Section 353 is punishable with imprisonment extending to 5 years.
Considering all these circumstances, it is appropriate to grant bail
subject to certain conditions. Hence, order as follows is passed:
BA 890/22
3
ORDER
:ORDER:
1. The Bail Application No.890 of 2022 is allowed as under.
2. The applicant accused namely Nafis Anis Choudhari be released on
bail on executing personal bond of Rs.15,000/ and one or two solvent
sureties of the same amount in Crime No. 231 of 2022 registered at
Ghatkopar Police Station.
3.
Cash security of Rs.15,000/ is permitted provisionally for the
period of 1 month in lieu of the surety bond.
4
The accused shall attend the Ghatkopar Police Station as and
when called by the Investigating Officer.
5.
The accused shall submit a list of atleast 3 blood relatives with
their detailed residential addresses and also the addresses of their place
of work if any, and documentary proof of showing the correctness of the
details provided by them.
6.
The accused and the surety shall inform the police authorities as
well as the trial court, the change of their residential address while the
accused is on bail.
7.
The accused shall submit copies of at least 2 documents amongst
the Pan Card, Adhar card, Ration card, Electricity Bill, Voter ID card
issued by the election commission or the documents in respect of
immovable properties owned by him.
8.
After submission of the documents as mentioned above, the
Investigating Officer shall conduct physical verification of the residential
address so as to confirm the address appearing on those documents.
9.
The accused shall not make any inducement or threat 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 or tamper with
the evidence.
10.
Conditions No. 5 to 8 shall be complied with simultaneous to the
BA 890/22
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ORDER
furnishing of the cash security or the surety bond whichever is earlier.
11.
Bail before the Court of Metropolitan Magistrate.
Digitally signed
by DEEPAK
LAXMANRAO
DEEPAK
LAXMANRAO BHAGWAT
Date:
BHAGWAT
2022.05.10
12:23:36 +0530
(Deepak L. Bhagwat)
Addl. Session Judge
Sessions Court,
Mumbai. C.R. 60
Dictated on
Transcribed on
Date of sign
: 05.05.2022
: 05.05.2022
: 10.05.2022
BA 890/22
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ORDER
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER”
10.05.2022, 01.00 pm
UPLOAD DATE AND TIME
Mrs. Revati V. Kadam
NAME OF STENOGRAPHER
Name of the Judge (with Court Room
No.)
HHJ Deepak L. Bhagwat,(C.R.No.60)
Addl. Judge.,City Civil & Sessions Court,
Date of pronouncement of /Order
05.05.2022
Order signed by P.O. on
10.05.2022
order uploaded on
10.05.2022