MHCC020103752023
IN THE COURT OF SESSIONS FOR GREATER MUMBAI,
AT MUMBAI
CRIMINAL BAIL APPLICATION NO.1687 OF 2023
(C.R. NO.307 OF 2023, R.C.F. POLICE STATION)
CNR No.MHCC02-010375-2023
Rohit Tanasuk Suwasiya
]
Aged 27 years, Occ. : Nil,
]
Resident of : Near Electric Power House,
]
90 Feet Road, Vatsalatai Naik Nagar,
]
Chembur (E), Mumbai-400 071.

]
… Applicant/
Accused.

Vs.
The State of Maharashtra,
]
(At the instance of R.C.F. police
]
station vide C.R. No.307 of 2023).

]
… Respondent/
Org. Complainant
Appearances :Ms. Maya Updeshe, Ld. Adv. for applicant/accused.
Mr. Ramesh Siroya, Ld. A.P.P. for respondent/State.
CORAM : H. H. THE ADDL. SESSIONS JUDGE,
SHRI A. A. KULKARNI (C.R. NO.22)
DATED : 14th JUNE, 2023.
ORDER
This is an application for bail under Section 439 of the
Code of Criminal Procedure. Heard learned Advocate for the applicant
-2-
BA 1687/23
and learned A.P.P. for the respondent/State. Perused documents on
record.
2.

It is contention of applicant that he is arrested by police in
connection with Crime No.307 of 2023 for the offence punishable under
Sections 307, 323, 504, 506(ii) r/w 34 of the Indian Penal Code
registered by R.C.F. police station, Mumbai. It is further contention that
as per the allegations of informant, on 11.06.2023 at about 1.30 a.m.,
accused namely Khwaja assaulted informant and stabbed him by knife,
he further threatened a person present near the spot.

It is further
contention of applicant that, in view of allegation in first information
report there is no allegation against the applicant having weapon at
relevant time with him and caused any injury to informant. Adarsh
Bhingardive is discharged from hospital.

In such circumstances,
nothing is to be seized at the instance of applicant. Therefore, further
custody of applicant is not necessary. Hence, prayed for grant of bail.
3.

The learned A.P.P. and Investigating Officer opposed the
application. It is their contention that investigation is in progress. If
applicant is released on bail, there is possibility of tampering of
evidence of prosecution. Hence, prayed for rejection of the application.
4.

In view of submissions from both the sides and on perusal
of the F.I.R., accused Khwaja stabbed informant by knife. There are no
specific allegation against the applicant of having caused any injury to
injured/informant. Therefore, I am of the opinion that, in such
circumstances nothing is to be seized at the instance of applicant nor
there is any need of further custodial interrogation of applicant. Hence
-3-
BA 1687/23
there is no need of further detention of applicant. Hence, I pass the
following order :ORDER
1.

Criminal Bail Application No.1687 of 2023 is allowed.

2.

Applicant/accused Mr. Rohit Tanasuk Suwasiya be released on
bail on furnishing P.R. Bond of Rs.25,000/- along with one
or
more sureties in the like amount in connection with C.R.
No.307/2023 registered with R.C.F. police station.
3.

Applicant/accused shall attend R.C.F. police station, Mumbai, as
and when required by Investigating Officer on notice.

4.

Applicant/accused shall furnish his residential address proof
and contact numbers to Investigating Officer.

5.

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.

6.

Applicant/accused shall not leave India without previous
permission of the Court.

7.

Bail before learned Court below.

8.

Criminal Bail Application No.1687 of 2023 stands disposed of
accordingly.

Digitally
signed by
AJAY ANIL
KULKARNI
Date:
2023.07.25
17:36:30
+0530
Date : 14.07.2023.
Dictated on
Transcribed on
Signed on
: 14.07.2023.
: 14.07.2023.
: 25.07.2023
[ A. A. KULKARNI ]
ADDITIONAL SESSIONS JUDGE,
GREATER MUMBAI.

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BA 1687/23
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
UPLOAD DATE AND TIME
25.07.2023 at 4.00 p.m.

NAME OF STENOGRAPHER
Shravanti Karre
Name of the Judge ( With Court H.H.J. Shri A. A. Kulkarni
Room No.)
(Court Room No.22)
Date
of
Pronouncement
JUDGMENT/ORDER
of 14.07.2023
JUDGMENT/ORDER signed by
P.O. on
25.07.2023
JUDGMENT/ORDER uploaded on
By Manasi Kadam, Stenographer
25.07.2023