B.A.1583/2022
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Order
IN THE COURT OF SESSIONS FOR GREATER BOMBAY AT BOMBAY
CRIMINAL BAIL APPLICATION NO.1583 OF 2022
( CNR NO.: MHCC020088942022 )
Rashid Akhtar Shoaib Ahmed Khan @ Kanya
Age: 26 years, Occ: Service
R/o: Near Kamlaraman Nagar, Near Bilal
Masjid,Furkaniya Chowk, Shivaji Nagar,
Govandi, Mumbai 400 043.
…Applicant/Accused.
V/s.
The State of Maharashtra.
( At the instance of Shivajinagar P.Stn.
Vide C.R. No.572/2022)
…Respondent/State.
Appearance:
Mr. Zoheb Shaikh Advocate for the Applicant/Accused.
Mr. Ramesh Siroya, APP for the State/respondent.
CORAM : S.M. MENJOGE,
THE ADDL. S.JUDGE (C.R.17)
DATE : 18/07/2022.
ORDER
1.
This is an application under section 439 of Cr.P.C. for bail by
applicant/accused Rashid Akhtar Shoaib Ahmed Khan @ Kanya
in
Crime No. 572/2022 under section 141, 143, 147, 148, 149, 307, 323,
326,506(2) of IPC, and section 37(1)(A) and 135 of Maharashtra Police
Act, registered at police station Shivajinagar, Mumbai.
Facts, in brief, are as under :
2.
That, the complainant Wasim Ali lodged report that on 14.5.2022,
Rashid, Kanya and Saddam had stopped complainant on dumping road
and demanded Rs.10,000/. But, complainant sought time to pay the
same. On 16.5.2022, at about 6.30 pm, applicant Munna, the associate
B.A.1583/2022
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of Saddam met the complainant and forcibly took him to garden near
dumping ground at Baiganwadi. Saddam, Faiyaz, Kanya, and Rashid
were present in the garden. Rashid slapped complainant and asked as to
why he did not pay “Hapta” to Saddam. Complainant told him that he
does not have money. Being annoyed by this Rashid and Karim started
beating complainant by hands and kicks. Rashid touched knife to the
neck of complainant and asked for immediate payment of money. Karim
picked up bamboo stick and dealt its blow on both the legs of
complainant. When brother of complainant namely, Nasim came to save
the complainant, Saddam dealt blow of spade on both the legs of Nasim.
Faiyaz dealt blow of iron pipe on the head of Nasim but it struck on the
finger of hand. Karim also dealt blow of stick on the legs of Nasim.
Accused also threatened not to lodge report against them otherwise they
would kill them. Another brother of complainant Salim then took
complainant and Nasim to hospital.
Based on these allegations offence came to be registered against
the accused.
3.
Mr. Zoheb Shaikh, Advocate for applicant/accused has submitted
that applicant is falsely implicated in this case. No primafacie case is
made out against the applicant. Name of applicant accused is not stated
by complainant in his report.
He has not participated in incidence.
Applicant accused is in jail since 19.5.2022. No purpose would be
served by keeping the applicant behind the bar. Hence, he prayed to
release the applicant/accused on bail.
4.
Mr. Ramesh Siroya, APP for the State has submitted that offence
is serious and the chargesheet is not filed. Therefore, if the accused is
released on bail, he may pressurize the prosecution witnesses. Hence, he
B.A.1583/2022
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prayed to reject the application.
5.
I perused case diary and heard the advocate for the applicant and
A.P.P. for the State. I have gone through the Law laid down in respect
of grant or refusal of bail, in following cases by the Hon’ble Supreme
Court :
1]
Sanjay Chandra Vs C.B.I., (2012) 1 SCC 40
2]
Moti Ram Vs State of M.P., (1978) 4 SCC 47
3]
Babu Singh Vs State of U.P., (1978)1 SCC 579
4]
Vaman Narain Ghiya Vs State of Rajasthan, (2009) 2 SCC
281;
5]
Siddharam Mhetre Vs State of Maharashtra, (2011) 1 SCC
694,
6]
VivekKumarVs State of U. P., (2000) 9 SCC 443;
7]
Prahlad Singh Bhati Vs NCT, Delhi, (2001) 4 SCC 280;
8]
State of U.P. Vs Amarmani Tripathi, (2005) 8 SCC 21;
9]
Prahlad Singh Bhati .Vs. NCT, Delhi (2001)4 SCC 280
10] Gurcharan Singh .Vs. State (Delhi Admn.) (1978)1 SCC118.
11] Kalyan Chandra Sarkar .Vs. Rajesh Ranjan (2004) 7 SCC 528
12] Ram Govind Upadhyay .Vs. Sudarshan Singh (2002)3 SCC 598
13]
Puran .Vs. Rambilas (2001) 6 SCC 338.
14] Neeru Yadav .Vs. State of UP,AIR 2015 SC 3703
15] Sharad Kumar..Vs…C.B.I, MANU/DE/2374/2011
17] Bhadresh .Vs. state of Bihar , (2016)1SCC 152
18] Bharat Choudhary .Vs. State of Bihar (2003) 8 SCC 77
19] Munish Bhasin .Vs. State (NCT), (2009)4 SCC 45
B.A.1583/2022
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20] Niranjan Singh .vs. Prabhakar Kharote AIR 1980 SC 785,
21] State of M.P. .Vs. RamKishna Balothia AIR 1995 SC 1198
22]
Pokar Ram .Vs. State of Raj.AIR 1985 SC 969,
23]
24]
Samunder Singh .Vs. State of Raj. AIR 1987 SC 737
Ravindra Saxena .Vs. State of Raj. (2010)1 SCC 684
25]
Pravinbhai Patel .Vs. State of Gujarat (2010)7 SCC 598
26]
Ram Govind Upadhay .Vs. Sudarshan Singh (2002) 3 SCC 598,
27]
State of Mah. .Vs. Anand Dighe AIR 1990 SC 625,
28]
Anil Kumar Tulsiyani .Vs. State of U.P. (2006)9 SCC 425)
and considered following factors while deciding this bail application :
(i)
Whether there is any prima facie or reasonable ground to
believe that the accused had committed the offence;
(ii)
Nature and gravity of the charge;
(iii)
Severity of the punishment in the event of conviction;
(iv)
Danger of the accused absconding or fleeing, if released on bail;
(v)
Character, Behaviour, Means, Position and Standing of the
accused;
(vi)
Likelihood of the offence being repeated;
(vii) Reasonable apprehension of the witnesses being tampered with
and
(viii) Danger of justice being thwarted by grant of bail.
6.
diary.
In the light of law laid down in above cases, I perused the case
On perusal of the same, it is found that name of present
applicant / accused is mentioned in the FIR and role is attributed to him
is that he had touch the knife to the neck of the complainant but in fact
B.A.1583/2022
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no injury is caused by him. The knife is already seized. No purpose
would be served by keeping the applicant behind the bar, considering
the role played by him. Hence, I pass following order.
ORDER
1.
Bail Application No. 1583/2022 is hereby allowed.
2.
Applicant/accused namely Rashid Akhtar Shoaib Ahmed
Khan @ Kanya in C.R.No. 527 of 2022 registered with
Shivajinagar police station for the offence punishable under
Sections 141, 143, 147, 148, 149, 307, 326,323,506(2) of
IPC, and section 37(1)(A) and 135 of Maharashtra Police
Act, shall be released on his executing PR Bond of
Rs.15,000/ (Fifteen Thousand only) with one in the like
amount on the conditions that :
a)
3.
He shall not pressurize the prosecution
witnesses in any manner.
b)
He shall not commit any offence while on bail.
c)
He shall attend the dates of Court regularly unless
exempted by the Court.
d)
He shall furnish his correct address to the
investigating officer.
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.1583/2022 is disposed of
accordingly.
Digitally signed
by SHASHANK
SHASHANK
MANOHARRAO
MANOHARRAO MENJOGE
MENJOGE
Date: 2022.07.18
17:39:12 +0530
Dictated on
Transcribed on
Signed on
: 18.07.2022.
: 18.07.2022.
: 18.07.2022.
( S.M. MENJOGE )
Addl. Judge
City Civil & Sessions Court,
Gr. Bombay.
B.A.1583/2022
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Order
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
18.07.2022.
UPLOAD DATE AND TIME
Name of the Judge (with Court
Room No.)
Mrs. S.S.Sawant
NAME OF STENOGRAPHER
S.M. MENJOGE, Addl. Judge.,City Civil
& Sessions Court, (C.R.No.17).
Date of pronouncement of /Order 18.07.2022.
Order signed by P.O. on
18.07.2022.
order uploaded on
18.07.2022.