BA 554/2024
1
DATE: 22/03/2024
MHCC02020036092024
IN THE COURT OF SESSIONS FOR GREATER BOMBAY AT
BOMBAY
( Court No.17 )
(Presided Over by SHRI S.N.PATIL)
CRIMINAL BAIL APPLICATION NO. 554 OF 2024
Rahmat Ali Akmal Shaikh
Age: 23 years, Indian Inhabitant,
R/at:-Kajipurteliyani Post Barkhurdarpur,
Block Chhatoh, Tehsil Saion,
Kashimpurbaghali, Rae Bareli,
Uttar Pradesh-229305
..Applicant/accused
V/s.
State of Maharashtra.
(Through Chembur Police station)
..Respondent/State.
__________________________________________________________
Appearance:Ld.Adv. Saima Khan for the applicant/accused
Mrs. Ashwini Raykar Ld.A.P.P.for the State/respondent.
______________________________________________________________
CORAM : SHRI S.N.PATIL
ADDL. S.JUDGE (C.R.17)
DATE : 22/03/2024
ORAL ORDER
1. Applicant/accused has filed this bail application seeking
regular bail under Section 439(1) of Code of Criminal
Procedure.
2. Perused the application and say. Heard both sides.

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DATE: 22/03/2024
3. The case of the prosecution is that applicant/accused along
with his other associates abused the informant.

As the
informant asked accused-Arbaaz Anwar Syed why he was
abusing the informant, accused-Sagar Verma hit the
informant with a wooden plank on his back twice.
Thereafter applicant/accused gave punch on his right side
eye. The informant fell down, thereafter, applicant/accused
along with his other associates assaulted him by kicks and
blows. The applicant/accused also assaulted him by belt.
Accused-Arbaz Anwar Sayyed threw one stone towards the
informant which hit on his right leg. Accused-Arbaz Sayyed
also threatened the public gathered there with dire
consequences. The informant was taken to Inlax hospital
and he was treated there.
4. On the basis of the said information containing the above
allegations, crime bearing No.688 of 2023 is registered at
Chembur Police Station for the offence punishable under
Section 307, 324, 323, 504, 506, 143, 144, 147,148, 149 of
the Indian Penal Code.
5. Applicant/accused prayed for bail on the grounds that he is
falsely implicated in the present case, there is a delay in
registering the FIR, there is previous enmity between
applicant/accused and informant, the injured is discharged
from the hospital, the injury sustained by the informant was
simple and minor, the applicant/accused is arrested on
23/11/2023 and since then he is in custody. By making the
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aforesaid
submissions,
DATE: 22/03/2024
Ld.

Counsel
appearing
for
applicant/accused prayed to release him on bail.
6. On the contrary, Ld. A.P.P. submitted that applicant/accused
has committed serious crime and if he is released on bail,
he will commit similar type of offence again. The
applicant/accused and informant are residing in the same
vicinity and if the applicant/accused is released on bail, he
will pressurize the witnesses and tamper with the
prosecution evidence. By making these submissions, Ld.
A.P.P. prayed to reject the bail application.
7. Considered the submissions advanced on behalf of both
sides. Ld. Counsel appearing for applicant/accused argued
that no weapon is used by the present applicant/accused.
There is previous enmity between applicant/accused and
informant.

The applicant/accused has not assaulted the
informant by any weapon. There is delay in lodging the
F.I.R.

The applicant/accused is arrested on 23/11/2023
and since then he is in custody. Co-accused-Yogesh Gaikwad
is
already
released
on
bail
and
therefore
this
applicant/accused is also entitled to be released on bail on
the ground of parity.
8. The Ld. A.P.P. submitted that specific role is attributed to the
applicant/accused. On perusal of CCTV footage, it can be
seen that applicant/accused was assaulting the informant
by hands. The informant after the assault went to home
and slept and on the next day he filed first information
BA 554/2024
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DATE: 22/03/2024
report against the applicant/accused and therefore there is
delay of one day in lodging the FIR.

The possibility of
tampering of the evidence by applicant/accused cannot be
ruled out.
9. On perusal of the FIR it clearly indicates that the present
applicant/accused assaulted the informant with fist blows
and kicks. The informant is discharged from the hospital.
The
applicant/accused
is
behind
the
bars
since
23/11/2023. Co-accused Yogesh Gaikwad is already
released on bail by this Court on 02/02/2024 and therefore
this applicant/accused is also entitled to be released on bail
on the ground of parity.
10. Considering the nature of the offence, the age of the
applicant/accused
and
the
role
played
by
the
applicant/accused in the commission of the alleged crime, I
am of the opinion that this is a fit case in which discretion
can be exercised in favour of applicant/accused. Hence, I
incline to release him on bail. In the result, following
order:ORDER
1.

Cri.Bail application No.554 of 2024 is allowed.

2.

The applicant/accused-Rahmat Ali Akmal Shaikh be
released on furnishing PB of Rs. 25,000/- with one surety of the
like amount in CR No.688 of 2023 registered at Chembur police
station.

BA 554/2024
3.

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DATE: 22/03/2024
The applicant/accused shall not directly or indirectly
make any inducement, threat or promise 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.

4.

The accused/applicant shall not commit similar
offence while on bail.

5.

The accused/applicant shall not leave India without
prior permission of the Court.

6.

The accused/applicant be released on provisional
cash bail of Rs.25,000/- for a period of four weeks
from today.

7.

Bail Application No.554 of 2024 is disposed of
accordingly.

8.

Bail before Ld. M.M.

9.

Criminal bail application No.554 of 2024 is hereby
disposed of accordingly.
( S.N.PATIL )
Addl. Sessions Judge
City Civil & Sessions
Court, Gr. Bombay.

22/03/2024
Dictated on
Transcribed on
Signed on
:
:
:
22/03/2024
22/03/2024
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DATE: 22/03/2024
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE
ORIGINAL SIGNED JUDGMENT/ORDER”.

22/03/24 at 04.30 pm.

Mrs.Tanushree C.Kamble
Name of the Judge
HHJ SHRI S.N.PATIL
Date of Pronouncement of
judgment/order
22/03/2024
Judgment and order signed by P.O.

22/03/2024
Judgment/order uploaded on
22/03/2024