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MHCC020026042024
IN THE COURT OF SESSIONS FOR GR. BOMBAY
CRIMINAL BAIL APPLICATION NO. 376 OF 2024
Rahil Anwar Shaikh
Age 20 years,
R/o 37, Shreeji Chamber, 2nd floor,
Kavasji Street, Fort, Mumbai 400001
..Applicant/accused No.2
Versus
The State of Maharashtra
Through M. R. A. Marg Police
Station, Mumbai.
(In C.R.No.02/2024)
…Respondent/State
Coram : Dr. Shri S. D. Tawshikar
(Court No. 10)
Heard on : 26.02.2024
Decided on : 26.02.2024
Appearance:
Ld. Adv. Ms. Munira Palanpurwala for the applicant/accused No.2
Ld APP Shri Ajit Chavan for the respondent/State.
ORDER
(Dictated and pronounced in open court)
This is the first bail application filed under Section 439 of Code
of Criminal Procedure, 1973 (“CrPC” in short) before filing of charge-sheet in
connection with C.R. No. 02 of 2024, registered with M. R. A. Marg Police
Station, Mumbai for the offences punishable under Sections 307, 323, 504
r/w 34 of the Indian Penal Code (“IPC” in short).

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BA 376/2024
2.

Perused application and reply (Exhibit-03) filed by the State.

3.

Heard both sides extensively.

4.

It has been alleged that on 02.01.2024 at about 09:30p.m.

applicant and his father namely Anwar Shaikh have assaulted informant and
his brother namely Hansaraj Ramkumar Yadav (injured). It is alleged that coaccused Rahil assaulted Hansaraj at abdomen by using knife with intention
to kill him. Accordingly, FIR came to be registered on next morning at 09:13
a.m. against present applicant and his father.
5.

Ms. Munira Palanpurwala the learned advocate for applicant
submits that there is only one blow alleged to to be inflict by applicant.
injured is already discharged. Investigation is practically over. Co-accused i.e.
father of applicant is already released on bail. Therefore, applicant be
released on bail. She submits that applicant is ready to co-operate in further
investigation. Therefore, he may be released on bail.
6.

Per contra the learned APP Mr. Ajit Chavan strongly objects the bail
application by filing reply (Exhibit-03). Investigating Officer Mr. Sangle is
present, he produced investigation papers including medical certificate and
case diary. From record it clearly transpires that injured was assaulted by
using knife on vital part i.e. stomach/abdomen. Apart from injured, there are
two eye-witnesses to the incident namely Umesh Kumar and informant.
Investigating Officer submits that statement of one eye-witness namely Vinod
Singh is yet to be recorded as he is still out of station. He submits that
investigation is not complete.
7.

The learned APP submits that if accused/applicant is released on
bail that would hamper further investigation. There is strong prima facie
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BA 376/2024
material against applicant to show his involvement. He, thus, prays to reject
the bail application.
8.

No doubt that co-accused i.e. father of applicant is released on bail
by this Court, however role attributed to present applicant is quite different.
Applicant is assailant. Hence, he cannot claim bail on ground of parity.
Admittedly, the injured Hansaraj has suffered grievous injury, owing to stab
given by applicant on his abdomen and investigation is not yet completed.
Therefore, in my view there is strong prima facie case against applicant, I am
not inclined to grant bail at this stage. Hence, I pass following order.
ORDER
The Criminal Bail Application No. 376 of 2024 stands rejected and
disposed of accordingly.

Date :26.02.2024
Dictated on
Transcribed on
Corrected on
Singed on
: 26.02.2024
: 27.02.2024 & 28.02.2024
: 28.02.2024 (AOH)
: 29.02.2024
(Dr. S. D. Tawshikar)
Additional Sessions Judge,
City Civil Court, Gr. Mumbai
C.R.No.10
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BA 376/2024
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE AND TIME
29-02-2024 at 10:45a.m
NAME OF STENOGRAPHER
Mr. Gopal N. Sutar
Name of the Judge
(with Court Room No.)
Date of
ORDER
Pronouncement
Dr. S.D. Tawshikar
C.R. No.10
of
JUDGMENT/ 26-02-2024
JUDGMENT/ORDER signed by P. O. on
29-02-2024
JUDGMENT/ORDER uploaded on
29-02-2024