CNR No.

MHCC02-000521-2022
IN THE COURT OF SESSION FOR GR. BOMBAY AT MUMBAI
BAIL APPLICATION NO.102 OF 2022
Nisar Rafik Ahmed Khan
Age – 27 year, Occ – Rickshaw Driver,
R/o – 05, Gr. Floor, Fatimabi Chawl,
Behind Church Kalina, Santacruz (E),
Mumbai – 29.

…
Applicant
Versus
The State of Maharashtra
(At the instance of Police Station,
BKC,
C.R.No.327/2021)
…
Respondent
Appearance:
Mr. Sharif Shaikh @ Ms. Kritika Agarwal, 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)
January 15, 2022
ORDER
1.

Applicant is accused in C.R.No.327/2021 registered with
BKC Police Station under Ss. 353,332,341,323,427,504,506 of IPC. He
is praying for grant of bail, which is strongly opposed by prosecution
vide say (Exh.2) of the Investigating Officer, contending that there is
possibility of repetition of crime and if bail is granted he will pressurize
the informant and prosecution witnesses. These are the two grounds
prosecution opposed the application and contended to reject the same.

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BA No.102/2022
2.

Heard Ld. Adv. Ms. Kritika Agarwal for the accused and
Ld. A.P.P Mrs. Rashmi Tendulkar.
determination.

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

Whether the applicant-accused has made
out a strong prima-facie case to release him
on bail ?

Yes
2.

What Order ?

Application is
allowed.
REASONS
POINT NO.1.
FACTS INVOLVED IN C.R.No.327 OF 2021
3.

On 13.10.2021 informant was on duty for driving bus
bearing registration No.MH01LA6239 at Pratiksha Nagar Bus Depot. He
was assigned route No.181.

Shivaji Mahadev Kodag was also
companying him in the bus as bus Conductor.

The route is from
Pratiksha Nagar, Antop Hill to Military Camp Kalina to Antop Hill. He
was driving bus and was to reach Diamond Market Bus Depot at BKC
when rickshaw bearing No.MH02EW5267 abruptly came in front of the
bus. Not only this, but rickshaw driver parked his rickshaw across the
bus and also obstructed the route thereof. He then climbed up the bus
through the door besides driver. He abused and beat the informant-bus
driver. At that time bus conductor Mr. Shivaji Kodag and bus driver of
bus bearing No.MH01CR6224 Mr. Vikas Chavan tried to help the bus
driver-informant, but the said rickshaw pelted stone on the front glass
of the bus. Therefore, the said glass was broken. Accused was abused
continuously. Therefore, all of them apprehended the said rickshaw
driver and fetched him to the police station. These are the facts.

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BA No.102/2022
4.

It is material to note that, applicant was arrested on
13.10.2021 and in jail eversince. This fact is evident from the say of
Investigating Officer.

Offence under Sec.353 of I.P.C. provides
punishment to the extend of five years and fine. In my opinion keeping
the accused behind bars for endless period is not justified from the point
of punishment provided under Sec.353 of IPC. Apart from this, no one
is sure when case will be committed, charge will be framed, trial will
begin and conclude. Recovery of stone is also made by the Investigating
Officer. It cannot be ignored that, applicant is the bread winner of his
family. Hence, I hold that applicant has made out strong prima-facie to
release him on bail. Looking to the nature of offence and to secure
presence of the applicant during the trial some conditions need to be
imposed on the accused.

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

Bail Application No.102/2022 is allowed.

2.

Accused Nisar Rafik Ahmed Khan be released on bail in
C.R.No.327/2021 registered with BKC Police Station by
furnishing PR bond of Rs.15,000/- with like amount of
surety and on following conditions,
i)
applicant shall undertake not to abscond and attend each
and every date of the Court for trial scrupulously.

ii)
applicant shall undertake not to pressurize or threaten
the Informant and prosecution witnesses in any manner.

iii)
applicant shall not leave Mumbai without prior
permission of the Trial Court.

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BA No.102/2022
3.

Applicant be released on provisional cash security of
Rs.15,000/- for a period of four weeks and shall abide
other conditions scrupulously. 4. Bail before Ld. Court of
first instance.

3.

Bail before Ld. Court of First Instance.
Digitally signed
by MADHAV
GOPAL
MADHAV
DESHPANDE
GOPAL
DESHPANDE Date:
2022.01.21
13:05:48 +0530
Dt.: 15.01.2022
Signed on
( M.G. Deshpande )
Addl. Sessions Judge.
C.R.No.16, Gr.Bombay at Mumbai
: 15.01.2022
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BA No.102/2022
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
21.01.2022 at
hours
UPLOAD DATE AND TIME
Name of the Judge
Date
of
judgment/order
pronouncement
(KISHOR PRAKASH SHERWADE)
NAME OF STENOGRAPHER
HHJ M. G. DESHPANDE
(COURT ROOM NO.16)
of 15.01.2022
Judgment/order signed by P.O. on
15.01.2022
Judgment/order uploaded on
21.01.2022