Cri.Bail Application No.338/2024
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MHCC020024252024
IN THE COURT OF SESSIONS FOR GREATER BOMBAY
AT MUMBAI
CRIMINAL BAIL APPLICATION NO.338 OF 2024
IN
C.R.NO.922 OF 2023
Sahil Salim Shaikh
Age:26 years,
Rickshaw Driver by profession,
R/at: T. Geemulwara Madrasa
Rafikrnagar Part 2, Shivaji Nagar,
Govandi Mumbai-43.

..Applicant/Accused
Vs.
The State of Maharashtra
At the instance of Shivaji Nagar
Police Station.

..Respondent
Appearances :Ld. Advocate Mr. Abdul Rehaman, for the Applicant/Accused.
Ld. Addl. P.P. Mrs. Meera Choudhari-Bhosale, for the State/
Respondent.
CORAM : HHJ DR.GAURI KAWDIKAR
ADDITIONAL SESSIONS JUDGE,
(COURT ROOM NO. 41).
DATED : 21ST MARCH, 2024
ORDER
01.

The application is filed by the accused under Section 439
of Code of Criminal Procedure in connection with C.R. No.922/2023
registered with Shivaji Nagar Police Station for the offence
punishable under Sections 307, 324, 354, 323, 504, 506, 506-II, 452,
143, 144, 146, 147, 148, 149 of Indian Penal Code, 1860 and sections
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4 and 25 of the Arms Act, 1959 and sections 37(1)(A) and 135 of the
Bombay Police Act, 1951.
02.

Notice was issued to the respondent. The Investigating
Officer has filed Say at Exh.2. It is adopted by the Ld. Addl.P.P.
03.

Heard both the Ld. Counsels. It is the contention of the
advocate of the accused that the accused was arrested on 20/10/2023.
Since then he is languishing in jail. Investigation is complete. Chargesheet is filed. It is alleged that the accused assaulted the complainant
Sahil Haroon Ansari on his back by sword. But no sword was
recovered from the accused. The accused is 26 years old. There are
no criminal antecedents attributed to him. He is permanent resident
of Mumbai. He further submitted that the co-accused Gullesh is
granted bail by order passed in Criminal Bail Application
No.104/2024 on 13/02/2024. He prayed to release the accused on the
ground of parity. He is ready to abide by all terms and conditions
imposed by the Court. He has prayed for grant of bail to the
accused.
04.

Ld. Addl.P.P. submitted that if the accused is granted
bail, there is possibility that he will commit more offence. There is
possibility that he will threaten the complainant, witness and panch.
There is threat to their life. There is possibility of absconding and
not remaining present for trial. She has prayed for rejection of the
application.
05.

Perused record. FIR shows that on 16/10/2023 Zainab
the cousin sister of the complainant was restricted from talking with
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Farhan Mansuri. Friends of Farhan namely Sameer @ Shammo,
Gullesh co-accused, present accused Sahil Shaikh and Shahrukh
abused the aunt and Wazid of the complainant and assaulted them
by hand. At that time, the complainant had intervened and stopped
their dispute.
06.

On 19/10/2023 at about 9:30 p.m., when the complainant
and his mother were at home, somebody banged on their door.
When the mother of the complainant opened the door, she saw that
Shahrukh was standing there with axe in his hand. When his mother
tried to close the door, Shahrukh assaulted on her head by the
wooden side of the axe. The complainant pushed back Shahrukh. At
that time Sameer @ Shammo kicked on the chest on the mother of
the complainant and she fell back. At that time, Gullesh co-accused,
Aman, Sahil Shaikh i.e. present accused and two unknown persons
entered the house forcibly, carrying wooden bamboo, sword. They
caught hold of the complainant, abused and assaulted him and took
him out of the house. Sameer @ Shammo assaulted the complainant
by sword on his head, which the complainant evaded and fell on the
ground. Sameer @ Shammo and Sahil i.e. present accused assaulted
the complainant by sword on his back. Afroz, Niyaz and Shamim
residing in the vicinity came there to help the complainant. Sameer
@ Shammo kicked Niyaz on the stomach. Shaharukh assaulted
Niyas by axe on his head. Aman assaulted Shamim on his back and
left hand by knife. Gullesh co-accused assaulted Afroz by sword on
his back. Samir @ Shammo threatened the people gathered there
with threat of death, if anyone interfered. All the people ran away
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and the shop owners closed down the shutters of their shop. The
complainant and his mother ran away.
07.

The role attributed to the accused is assaulted by sword
on the back of complainant Sahil Haroon Ansari on 16/10/2023.
Medical Report OPD No.73055, Casualty No.37/420 shows that
Sahil Haroon Ansari had sustained simple injury on his upper back
by sharp object. It is pertinent to note that no sword is recovered
from the accused. Taking into consideration that no sword is
recovered from the accused, investigation is complete, charge-sheet is
filed; there is no propriety in continuing the incarceration of the
accused. Similarly, the co-accused Gullesh is granted bail by order
passed in Criminal Bail Application No.104/2024 on 13/02/2024. The
role of co-accused Gullesh is assaulting Afroz by sword on his back
and the role of the present accused is assaulting Sahil Haroon Ansari
by sword on his back. Thus, as their roles are similar and no sword is
recovered from them, on the ground of parity also the accused is
entitled for bail.
08.

To facilitate the investigation in respect of the
whereabouts of the absconding accused, the accused can be directed
to attend the police station once in three months. To protect the
complainant and ensure presence of the accused for trial, terms and
conditions can be imposed on him while grant of bail. Similarly, to
protect the complainant, avoid future dispute and repetition of
offence, certain terms and condition can be imposed on the accused.
For the aforesaid reasoning, it is found fit to grant bail to the
accused by imposing certain terms and conditions. Hence, the order-
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ORDER
1.

The Criminal Bail Application is allowed.

2.

The accused Sahil Salim Shaikh be released on bail in Crime
No.922 of 2023 registered with Shivaji Nagar Police Station for
the offence punishable under Sections 307, 324, 354, 323, 504,
506, 506-II, 452, 143, 144, 146, 147, 148, 149 of Indian Penal
Code, 1860 and sections 4 and 25 of the Arms Act, 1959 and
sections 37(1)(A) and 135 of the Bombay Police Act, 1951 on
executing P.R. Bond of Rs.25,000/- with one or more
surety/sureties in like amount, on the following conditions a) He shall not tamper with prosecution witnesses and
evidence.

b) He shall attend Shivaji Nagar Police Station on 1 st Sunday
of every 3 months from 7:00 a.m. to 8:00 a.m. till
completion of the trial.

c) He shall not commit any offence in future.
d) He shall not leave India without permission of the Court.
e) He shall furnish his permanent and temporary address, if
any, and his contact details to the concerned police
station.

f) He shall not change his residential address without prior
intimation to the Investigation Officer and to the
concerned Court.

3.

Bail before the Metropolitan Magistrate’s Court.

4.

Breach of any condition would entail cancellation of bail.

Date: 21/03/2024
Place: Mumbai
(Dr. Gauri Kawdikar)
Addl.Sessions Judge,
City Civil & Sessions Court,
Gr. Mumbai
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE
ORIGINAL SIGNED ORDER.”
Upload Date Upload Time
21/03/2024
02:06 P.M.

Name of the Judge
(With Court Room No.)

Name of Stenographer
Mrs. M.S.PENDKHALKAR
HHJ DR.GAURI KAWDIKAR
(Court Room No. 41)
Date of Pronouncement of
ORDER
21/03/2024
ORDER signed by P.O. on
21/03/2024
ORDER uploaded on
21/03/2024