B.A. 156/2022
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Order
IN THE COURT OF SESSIONS FOR GREATER BOMBAY AT BOMBAY
CRIMINAL BAIL APPLICATION NO. 156 OF 2022
( CNR NO.: MHCC020008292022 )
Rizwan Hasamuddin Sawat
Age: 20 years,
R/o: Dr. Zakir Hussain Nagar,
Sai seva SRA, Near Hanuman
Mandir, Mumbai400043.
…Applicant/Accused.
V/s.
The State of Maharashtra.
( At the instance of Deonar P.Stn.
Vide C.R. No.809/2021)
…Respondents/State.
Appearance:
Mr. Kalid Azami Advocate for the Applicant/Accused.
Mr. Ramesh Siroya, APP for the State/respondent.
CORAM : H.H. THE ADDL. JUDGE
SHRI G.B.Gurao (C.R.17)
DATE : 27/01/2022.
ORDER
1.
This is an application under section 439 of Cr.P.C. for bail by
applicant/accused Rizwan Hasamuddin Sawat in crime No.809/2021
under section 323,504,506(II),427 r/w 34 of IPC and Section 4 & 27 of
Arms Act and Section 37(1),135 of Maharashtra Police Act, registered at
police station Deonar , Mumbai.
Facts in brief are as under :
2.
Complainant
Ovesh is resident of Dr.
Zakir Hussain Nagar,
Govandi, Mumbai. He knows accused Rijwan. On 22/12/2021 at about
11.30 hours complainant was watching mobile in front of his shop. At
that time, accused came and asked complainant to go to his house.
B.A. 156/2022
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Order
Complainant told that he will go to his house after some time. Due to
this, accused got angry.
He abused and beat to the complainant.
Thereafter, complainant went to his house. After 15 minutes accused
alongwith his two friends came and they were saying to open the door.
Accused Rijwan had sword in his hand. It is alleged that accused caused
damage to the motorcycle on the road. Thereafter, complainant called
police and police took accused. Complainant lodged report in the police
station. On the report, crime is registered and now the same is under
investigation.
3.
Mr. Kalid Azami Advocate for applicant/accused has submitted
that applicant is innocent and he has not committed any crime. Accused
had not carrying sword. Police have falsely implicated the accused in
the said crime. Accused is permanent resident of given address and he
undertakes to abide by the conditions, if any imposed by the Court.
Hence, he prayed to release the applicant/accused on bail.
4.
Mr. Ramesh Siroya, APP for the State has submitted that accused
is habitual offender and if he is released on bail, he will abscond. He
prayed to reject the application.
5.
I have Perused the application and say of prosecution. It is alleged
that accused threatened to the complainant, abused and beat him.
However, it appears that there is no seizure of weapon from the
accused. Now accused is in judicial custody. His custodial interrogation
is not necessary and he undertakes to abide by the conditions, if any,
imposed by the Court. Hence, considering facts and circumstances of
the case, I find that accused is entitled for bail. Therefore, following
order.
B.A. 156/2022
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Order
ORDER
1.
Bail Application No. 156/2022 is hereby allowed.
2.
Applicant/accused namely Rizwan Hasamuddin
Sawat be released on execution of P.R Bond of
Rs.20,000/ (Twenty Thousand only) with one or
more sureties in like amount in C.R. No. 809/2021
u/s 323, 504, 506(2), 427 r/w 34 of Indian Penal
Code and Section 4 and 27 of Arms Act and Section
37(1), 135 of Maharashtra Police Act, registered at
Police Station Deonar 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.20,000/. Duration of provisional cash bail shall
be for four weeks.
4.
Bail before Ld. Magistrate.
5.
Bail Application No.156/2022 is disposed of
accordingly.
Dictated on
Transcribed on
Date of sign
: 27 & 28.01.2022.
: 03.02.2022.
: 04.02.2022.
GIRISH
BALKRISHNA
GURAO
Digitally signed
by GIRISH
BALKRISHNA
GURAO
Date: 2022.02.04
10:57:35 +0530
(G.B.Gurao)
Addl. Judge
City Civil & Sessions Court,
Gr. Bombay.
B.A. 156/2022
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Order
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER”
04.02.2022.
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
27.01.2022.
Order signed by P.O. on
04.02.2022.
order uploaded on
04.02.2022.