CRI. BA 1756/2022
1
ORDER
MHCC020095502022
IN THE COURT OF SESSIONS FOR GREATER BOMBAY
AT MUMBAI
CRIMINAL BAIL APPLICATION NO. 1756 OF 2022
( CNR NO.: MHCC020095502022 )
Sakib Anwar Khan @ Pidda
)
Aged:23 years, Occ: Labour
)
R/o.Transit Camp, Room No.404,
)
th
4 Floor, Room No.404, Seweree,
)
Mumbai 400 015 presently lodged at )
Mumbai Central Prison.
)
V/s.
The State of Maharashtra,
(At the instance of RAK Marg
Police Station vide C.R.No.466/2022)
……Applicant/Accused
…Respondent/State.
Appearance:
Miss. Apeksha Vora, Advocate for the applicant/Accused.
Smt. Seema Deshpande, Ld. Addl. P.P., for the State/respondent.
CORAM : H.H. THE ADDL. SESSIONS JUDGE
ANAND PANDURANG KANADE (C.R.60)
DATE : 26.07.2022.
ORDER
1.
Vide present application under Section 439 of Code of
Criminal Procedure, the applicant requested to release him on bail in
CRI. BA 1756/2022
2
ORDER
Crime No. 466 of 2022 registered at RAK Marg Police Station for
offences punishable under Sections 326, 323, 504, 506 r/w. Sec. 34 of
Indian Penal Code.
2.
Prosecution Case in brief is as under :
Mohammed Sufiyan Ashfak Khan is the resident Shastri
Nagar, RAK Road, Kidwai Nagar, Wadala. He is a tailor. On 05.06.2022
at about 11:00 p.m., complainant, his friend Sohail, Ali,
Moin and
Sakib were returning to fish godown Shastri Nagar Wadala. At that
time, accused Umama, the present applicant/accused and Vijay @ Annu
came there. Accused Umama blocked the way of complainant and from
backside of his pocket took out big knife and kept the said knife near
the throat of complainant. At that time, accused Vijay @ Annu inflicted
blow of knife on the stomach of the complainant. Complainant
sustained bleeding injury. Then, present accused and other coaccused
also assaulted to Sohail, Ali, Moin and Sakib. Accused Vijay and the
accused Umama created the terror on spot. Applicant/accused also
threatened to the complainant that he will kill him, if he informed the
incident to police station. Then, all the accused left the spot. The
complainant was taken to K.E.M. Hospital. Then, he lodged report with
RAK Marg Police Station. On that basis, crime no. 466 of 2022 has been
registered against the present accused and other coaccused.
3.
In the course of investigation, I.O. arrested the present
applicant/accused on 01.07.2022. Since 04.07.2022, applicant/accused
is in judicial custody. The applicant/accused has filed the present
application to release him on bail. According to applicant, he is 23 years
old. He has been falsely implicated in the present case, as he is the
friend of the coaccused Vijay. Section 326 of Indian Penal Code is not
CRI. BA 1756/2022
3
ORDER
attracted. He is a tailor and he has no criminal antecedent. On the
aforesaid the grounds, applicant/accused be enlarged on bail.
4.
Ld. Addl. P.P. and I.O. filed their Say at Exh – 2 and
resisted the bail application. It is submitted that since commission of
offence, applicant/accused was absconding. Weapon used in the
commission of offence is yet to be recovered. Other coaccused are
absconding. During police custody, the applicant/accused has not
cooperated the investigation agency. There is possibility of destroying
the prosecution evidence and also possibility of pressurizing the
prosecution witnesses. Hence, it is prayed to reject the bail application.
5.
Heard both the sides. Perused police papers on record. It
reveals that applicant/accused is of 23 years old. During the course of
investigation, I.O. prepared Spot Panchnama and also recorded
statement of witnesses. It also reveals that since 04.07.2022,
applicant/accused is in judicial custody. His police custody period is
already
over.
Considering
the
role
attributed
to
the
present
applicant/accused, I am of view that he is entitled to be released on bail
but on certain conditions. Hence, following order.
:ORDER:
1.
The Criminal Bail Application No. 1756 of 2022 is allowed as
under.
2.
The applicant accused namely Sakib Anwar Khan @ Pidda be
released on bail on executing personal bond of Rs. 15,000/ and one or
two solvent sureties of the same amount in Crime No. 466 of 2022
registered at R.A.K. Marg Police Station.
CRI. BA 1756/2022
3.
4
ORDER
Cash security of Rs. 15,000/ is permitted provisionally for the
period of 1 month in lieu of the surety bond.
4.
The accused shall attend the R.A.K. Marg Police Station on every
Monday in between 11.00 a.m. to 01.00 p.m. till filing of the
chargesheet.
5.
The accused shall submit a list of atleast 3 blood relatives with
their detailed residential addresses and also the addresses of their place
of work if any, and documentary proof of showing the correctness of the
details provided by them.
6.
The accused and the surety shall inform the police authorities as
well as the trial court, the change of their residential address while the
accused is on bail.
7.
The accused shall submit copies of at least 2 documents amongst
the Pan Card, Adhar card, Ration card, Electricity Bill, Voter ID card
issued by the election commission or the documents in respect of
immovable properties owned by him.
8.
After submission of the documents as mentioned above, the
Investigating Officer shall conduct physical verification of the residential
address so as to confirm the address appearing on those documents.
9.
The accused shall not make any inducement or threat 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 or tamper with
the evidence.
10.
The accused shall not leave territorial limits of Mumbai without
prior permission of the court.
11.
The accused shall not commit any offence similar to the offences
of which he is accused in the present matter.
12.
Conditions No. 5 to 8 shall be complied with simultaneous to the
furnishing of the cash security or the surety bond whichever is earlier.
CRI. BA 1756/2022
13.
5
ORDER
Bail before the Court of Metropolitan Magistrate.
Anand
Pandurang
Kanade
Digitally signed by
Anand Pandurang
Kanade
Date: 2022.07.27
15:05:37 +0530
(Anand P. Kanade)
Addl. Sessions Judge
Sessions Court,
Mumbai. C.R. 60
Dictated on
Transcribed on
Date of sign
: 26.07.2022
: 26.07.2022
: 27.07.2022
CRI. BA 1756/2022
6
ORDER
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER”
27/07/2022, 3.10 p.m.
UPLOAD DATE AND TIME
Mr. Vishnu Sabaji Shinde
NAME OF STENOGRAPHER
Name of the Judge (with Court Room No.)
HHJ Anand P. Kanade,(C.R.No.60)
Addl. Sessions Judge.,City Civil & Sessions
Court,
Date of pronouncement of /Order
26.07.2022
Order signed by P.O. on
27.07.2022
Order uploaded on
27.07.2022