B.A.120/2022
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Order
IN THE COURT OF SESSIONS FOR GREATER BOMBAY AT BOMBAY
CRIMINAL BAIL APPLICATION NO.120 OF 2022
( CNR NO.: MHCC020006162022 )
Nasim Ahmed Sohail Ahmed Khan @ Bantul,
Age: 28 years,
R/o: New Gautam Nagar, Plot no.2,
Hanif Dairy Galli, Deonar, Govandi,
Mumbai 400 043.
…Applicant/Accused.
V/s.
The State of Maharashtra.
( At the instance of Deonar P.Stn.
Vide C.R. No.5/2022)
…Respondents/State.
Appearance:
Mr. Mohammed Khan Advocate for the Applicant/Accused.
Ms. Pranjali Joshi, APP for the State/respondent.
CORAM : H.H. THE ADDL. JUDGE
SHRI G.B.Gurao (C.R.17)
DATE : 19/01/2022.
ORDER
1.
This is an application under section 439 of Cr.P.C. for bail by
applicant/accused in crime No.5/2022 under section 326,323,504 r/w
34 of IPC registered at police station Deonar, Mumbai.
Facts in brief are as under :
2.
Complainant Mohd. Waris and accused are the resident of same
vicinity. Earlier complainant had sold his mobile phone to accused but
accused was not giving him price of mobile phone. On 01/01/2022
complainant saw accused.
He was talking with one Hasan Mohd.
Complainant asked his amount but accused got angry and started
B.A.120/2022
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Order
abusing to him. Accused assaulted to the complainant by hand. It is
further alleged that accused assaulted to the complainant by wooden
strip. Complainant sustained injury on his left hand. Thereafter,
complainant went to Shatabdi hospital and after treatment on the same
day he lodged report against the accused. On the report crime was
registered and now same is under investigation.
3.
Mr. Mohammed Khan Advocate for applicant/accused has
submitted that applicant is innocent and he has not committed any
crime. Complainant was not admitted in the hospital. Accused is only
bread earner of his family. His antecedents are clear and he is ready to
abide by the conditions, if any imposed by the Court. Hence, he prayed
to release the applicant/accused on bail.
4.
Ms. Pranjali Joshi, APP for the State has submitted that offence is
serious.
Investigation is in progress and if the applicant/accused is
released on bail then he will pressurize the prosecution witnesses. She
prayed to reject the application.
5.
I have perused the application, documents attached to the
application and say of prosecution.
According to the prosecution,
complainant had sustained fracture injury to his right hand. However,
he was treated as an OPD patient. From the say of investigating officer,
it appears that major part of the investigation is completed. Custodial
interrogation of the applicant is not necessary. Applicant is permanent
resident of given address and undertakes to abide by the conditions, if
any imposed by the Court. Hence, in such a circumstances
applicant/accused is entitled for bail. Therefore, following order.
B.A.120/2022
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Order
ORDER
1.
Bail Application No. 120/2022 is hereby allowed.
2.
Applicant/accused namely Nasim Ahmed Sohail Ahmed
Khan @ Bantul, be released on his executing PR Bond of
Rs.15,000/ (Fifteen Thousand only) with one or more
sureties of the like amount on the conditions that :
a)
He shall attend concerned police station as and when
reasonably required by investigating officer till
further orders.
b)
He shall not pressurize the prosecution witnesses in
any manner.
c)
He shall not commit any offence while on bail.
d)
He shall furnish his correct address to the
investigating officer.
3.
He be released on provisional cash bail of Rs.15,000/.
Duration of provisional cash bail shall be for four weeks.
4.
Bail before Ld. Magistrate.
5.
Bail Application No.120/2022 is disposed of accordingly.
GIRISH
BALKRISHNA
GURAO
Digitally
signed by
GIRISH
BALKRISHNA
GURAO
Date:
2022.01.24
12:16:26
+0530
(G.B.Gurao)
Addl. Judge
City Civil & Sessions Court,
Gr. Bombay.
Dictated on
Transcribed on
Date of sign
: 19.01.2022.
: 20.01.2022.
: 20.01.2022.
B.A.120/2022
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Order
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER”
20.01.2022.
UPLOAD DATE AND TIME
Mrs. S.S.Sawant
NAME OF STENOGRAPHER
Name of the Judge (with Court Room
No.)
HHJ SHRI.G.B.Gurao,(C.R.No.11)
Addl. Judge.,City Civil & Sessions Court,
Date of pronouncement of /Order
19.01.2022.
Order signed by P.O. on
20.01.2022.
order uploaded on
20.01.2022.