CRI. BA 1625/2022
1
ORDER
MHCC020088182022
IN THE COURT OF SESSIONS FOR GREATER BOMBAY
AT MUMBAI
CRIMINAL BAIL APPLICATION NO. 1625 OF 2022
( CNR NO.:MHCC020088182022 )
Salim Sharif Faruki @ Mohammad
Salim Mohammad Sharif Farukhi
Age : 44 years.
Address Room No. 12,
Khan Chawl, New Prakash Nagar,
Bhandup (W), Mumbai – 400 078.
V/s.
The State of Maharashtra,
(At the instance of Bhandup
Police Station vide C.R.No.356/2022)
…Applicant/Accused
…Respondent/State.
Appearance:
Advocate Satish Mande, 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 : 18.07.2022.
ORDER
1.
Vide present application under Section 439 of Code of
Criminal Procedure, the applicant requested to release him on bail in
Crime No. 356 of 2022 registered at Bhandup Police Station for offences
punishable under Sections 143, 144, 146, 147, 148, 149, 323, 326, 504
and 506(2) of Indian Penal Code.
CRI. BA 1625/2022
2.
2
ORDER
Prosecution case in brief is as under :
Shahid Ali Sadiq Khan is the resident of New Prakash
Nagar, Sonapur, Bhandup (West). On 27.05.2022 at about 05:30 p.m.,
complainant had visited Sunni Kadariya Masjid at Zakariya Compound,
for offering the Namaj. During the Namaz, he heard some quarreling
sound from the nearby playground. After offering Namaz, complainant
went to ground and saw that Naushad Nabiyaz Khan was lying on the
ground and he was injured. Present accused, Kalim Farooqui, Irshad,
Imran, Shahbad and other 7 to 8 who were assaulting to Kalli, Rohit
Rajbhar. At that time, complainant asked to present applicant/accused
and Kalim Farooqui to stop fighting and take Naushad to hospital. At
that time, accused Kalim Farooqui started abusing to complainant with
bad words. Accused Saidunisha Kalim Sheikh caught hold of the collar
and started abusing him. Accused Kalim assaulted to the complainant
on his left leg by iron rod and other accused started assaulting by fists
and kick blows. The complainant rescued from the clutches of accused
and went to the house. Thereafter, he went to Bhandup Police Station
and lodged report against applicant/accused. On that basis, crime
No.356 of 2022 has been registered against the accused.
3.
The applicant/accused has been arrested and since
29.05.2022, he is in judicial custody. Hence, he has filed present
application to enlarge him on bail. It is the contention of the
applicant/accused that he is innocent and he has been falsely implicated
in the alleged offence. There is nothing to be recovered or discovered at
the hands of applicant and his custodial interrogation is not needed.
The applicant is law abiding person. He is ready to cooperate the
investigating agency. Hence, this application.
CRI. BA 1625/2022
4.
3
ORDER
Heard both the sides. Perused police papers on record. It
reveals that I.O. visited the spot of occurrence and prepared Spot
Panchanama. He also seized iron rod and bamboo stick from the spot of
occurrence. It also reveals that I.O. recorded the statements of
witnesses. Since 29.05.2022, applicant is in judicial custody and for his
further detention, no ground is made out. The applicant is ready to
abide by the terms and conditions that may be imposed on him. For the
aforesaid reasons, I am of view that applicant/accused is entitled to be
released on bail but on certain conditions. In the reason, following
order.
:ORDER:
1.
The Criminal Bail Application No. 1625 of 2022 is allowed as
under.
2.
The
applicant
accused
namely
Salim
Sharif
Faruki
@
Mohammad Salim Mohammad Sharif Farukhi be released on bail on
executing personal bond of Rs.20,000/ and one or two solvent sureties
of the same amount in Crime No. 356 of 2022 registered at Bhandup
Police Station.
3.
Cash security of Rs.20,000/ is permitted provisionally for the
period of 1 month in lieu of the surety bond.
4.
The accused shall attend the Bhandup Police Station on every
Tuesday 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
CRI. BA 1625/2022
4
ORDER
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 1625/2022
13.
5
ORDER
Bail before the Court of Metropolitan Magistrate.
Anand
Pandurang
Kanade
Digitally signed
by Anand
Pandurang
Kanade
Date:
2022.07.21
17:06:28 +0530
(Anand P. Kanade)
Addl. Sessions Judge
Sessions Court,
Mumbai. C.R. 60
Dictated on
Transcribed on
Date of sign
: 18.07.2022
: 20.07.2022
: 21.07.2022
CRI. BA 1625/2022
6
ORDER
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
21/07/2022 , 5.10 p.m.
UPLOAD DATE AND TIME
Mr. Prasad S. Pednekar
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
18.07.2022
Order signed by P.O. on
21.07.2022
Order uploaded on
21.07.2022