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IN THE COURT OF SESSIONS FOR GREATER MUMBAI AT MUMBAI
CRIMINAL BAIL APPLICATION NO.103 OF 2022
CNR NO. MHCC02­000523­2022
1) Rohit Rajesh Mahalunghe
Age : 21 years, Occ.: Service,
R/at : Room No.C/1/20, MHADA Chawl,
Near S.K. Roy School, Kokri Agar,
Wadala TT, Mumbai.
2) Akash Atmaram Suryavanshi
Age : 26 years, Occ.: Service,
R/at : Ekta Rahivashi Sangh,
Almeda Compound, Sion Koliwada,
Pratiksha Nagar, Mumbai.

…Applicants/Accused
Vs.
The State of Maharashtra
(At the instance of Wadala T.T. Pol. Stn.) …Respondent/State
Appearances :­
Mr. Ganesh Iyer, Ld. Advocate for the Applicants/Accused.
Ms. Jyotsana Gawali, Ld. APP for the Respondent/State.
CORAM : H. H. THE ADDL. SESSIONS JUDGE,
SHRI B.V. WAGH
(C.R. NO.24)
TH
DATED : 8 FEBRUARY, 2022.
(ORAL ORDER)
Dictated and pronounced in the open Court)
Applicants/accused Nos.2 and 3 seek their release on bail
under Section 439 of Cr. P.C. in connection with C.R. No.366/2021
registered with Wadala T.T. Police Station for the offences punishable
under Sections 302, 34 of the Indian Penal code.

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2.

The prosecution allegation reveals that on 24.10.2021 at
about 21.45 hours Kasim Shaikh (hereinafter referred as to deceased)
has quarrel with accused No.1 Sagar. The deceased called informant
and his friend near Almeda Compound and informed them about the
dispute between him and Sagar on account of mischief committed by
Sagar of breaking television by entering into his house. The informant
and his friends consoled the deceased. After consoling the deceased,
informant and his friends proceeded on their motor bike towards
Wadala Monorail Station. When they were on their way, they received
information that someone has injured deceased and he is lying in pool
of blood near Riddhi Siddhi Society, Pratiksha Nagar, Sion. Informant
and his friends rush injured Kasim to Sion hospital and during their way
to the hospital, injured divulged that accused No.1 hacked him with
knife. On the basis of aforesaid information, above said crime is
registered.
3.

The Ld. Advocate for the applicants urged that applicants
are innocent and falsely framed in given case. FIR did not revealed the
name of applicants or their overtact. According to him, deceased was a
criminal and there were 8 crimes standing to his discredit. He urged
that investigation is completed and further detention of applicants is
unwarranted. Lastly, he requested to enlarge applicants on bail.
4.

Ld. APP resisted the application by filing say Exh.2 and
inter alia contended that applicants have participated in the alleged
crime. The statement of eye witness do suggest the presence and
participation of applicants in the incident. There is prima facie material
against the applicants and requested to reject their bail plea.

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5.

Heard argument advanced by the both the parties and
perused the charge­sheet.
6.

Survey of charge­sheet indicates that applicants and the
accused No.1 were seen hacking the knife and assaulting the deceased
at the crime spot. The eye witness Lavkush Tiwari’s statement reveals
the role of the applicants as assailants alongwith accused No.1 who
hacked knife on the vital part of the deceased. Similarly, applicant No.1
assaulted with rod, whereas applicant No.2 assaulted with fist and kick.
The column No.17 of Post Mortem report suggest 21 injuries including
11 abrasions and other incise wounds on the vital part of body of
deceased. Thus, applicants have share the common intention with the
accused No.1 in doing away the deceased. This, therefore, indicates
prima facie involvement of applicants in the alleged incident.
7.

Reckoning
the
aforesaid
aspect
and
prima
facie
involvement of the applicants in the serious nature of crime, dissuaded
this Court to release the applicants on bail. Eventually, applicants are
not entitled for bail. Hence, the following order :­
ORDER
1.

Criminal Bail Application No.103 of 2022 is rejected.

2.

Criminal Bail Application No.103 of 2022 stands disposed of
accordingly.

Date : 8.02.2022
Dictated on
: 8.02.2022
Transcribed on : 8.02.2022
HHJ signed on : 8.02.2022
[B.V. WAGH]
ADDITIONAL SESSIONS JUDGE
GREATER MUMBAI
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE
ORIGINAL SIGNED JUDGMENT/ORDER.”
Upload Date
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Date
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Pronouncement
JUDGMENT /ORDER
of 8.02.2022
JUDGMENT /ORDER signed by P.O. 8.02.2022
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