CNR No.
MHCC020054052022
IN THE COURT OF SESSION FOR GR. BOMBAY AT MUMBAI
BAIL APPLICATION NO.958 OF 2022
Salman Ahmed Shaikh
Age – 30 year, Occ – Business,
R/o – Tata Colony Bus Stop,
Plot NO.3, Room No.255, Bharat Nagar,
Bandra (E), Mumbai400051.
…
Applicant
…
Respondent
Versus
The State of Maharashtra
(At the instance of Police Station,
B.K.C.,
C.R.No.11 OF 2022)
Appearance:
Mr. Karl P. Rustomkhan, Ld. Adv. for applicant.
Mrs. Rashmi Tendulkar, Ld. Addl. P.P.
CORAM :
DATE :
HIS HONOUR ADDL.SESSIONS
JUDGE M. G. DESHPANDE
(C.R.No.16)
May 9, 2022
ORDER
1.
This is second bail application of Salman Ahmed Shaikh
(A1).
After rejection of previous vide order dt.16.02.2022 on the
ground that, investigation is over, chargesheet has been filed and
further detention of the accused is not necessary. Investigating Officer
filed say (Exh.2) reiterated the facts alleged in the FIR and revealed in
the investigation. He opposed the application on following grounds,
a.
Arrested accused and informant Wasim Ali Qureshi are
relatives residing in the same area, hence, there is
possibility of another quarrel.
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BA No.958/2022
b.
After the incident there is tension in the area. If accused is
released on bail there will be a question of law and order.
c.
There is no firm address of residence of the accused, hence,
there is possibility of absconding.
On these grounds prosecution contended to rejct the
application.
2.
Heard Ld. Mr. Karl Rustomkhan for the applicant and
Ld. A.P.P Mrs. Rashmi Tendulkar. Following points arise for my
determination.
I am recording following findings thereon for the
reasons discussed below :
POINTS
FINDINGS
1.
Whether the applicantaccused has made
out a strong primafacie case to release him
on bail ?
Yes
2.
What Order ?
As per final order.
REASONS
POINT NO.1.
FACTS INVOLVED IN C.R.NO. 11 OF 2022
3.
Wasim Ali Qureshi, who is Intervener, lodged FIR
No.11/2022 dt.24.01.2022 alleging that, on 23.01.2022 there was
Sunday, hence all his family had gone for dinner by their Cresta car at
Delhi Jayka Hotel, in front of Kalpana Theater, LBS Road, Kurla (W),
Mumbai. They were returning around 1.30 hours in the night i.e. on
24.01.2022. His wife Insha, brothers wives Salma, Sana, sisters Alisha
and Assia alighted the car and were proceedings towards house. His
father Wajid Ali, informant himself and brother Owes were parking the
car opposite Bharat Nagar Road, when they were proceeding in the
BA No.958/2022
.. 3..
lane, some persons were affixing banners on the front portion of the
lane. One of them made comment towards women of the family of the
informant. Therefore, informant went to ask reason thereof. At that
time, Salman Shaikh first of all started quarreling. Rehan Shaikh,
Hussain @ Lalu alos joined him and all of them started quarreling. In
the meantime Nasir Khan, informant’s maternal uncle, came there when
the quarreling turned to scuffle. At that time Salman picked the silver
chain worn by the informant and tightened the same around the neck of
the informant impressing mark thereof on the left side portion of the
throat. Therefore, he fell on the ground. Rehan beat his brother Owes
by hand. Wasim Shaikh gave blow of hard substance on the head of the
informant’s maternal uncle Mr. Nasir.
4.
They broke side mirror of informant’s car bearing
No.MH02FR0842. His father Wajid Ali came to rescue the scuffle
when Salman Shaikh gave heavy fist blow on the chest of his father and
further felled him on the ground saying as, “bls tkuls ekj Mkyks”.
Therefore, his father was suffering from chest pain. Wireless vehicle of
the police was arrived. Therefore, all of them scattered. His father was
admitted in Bhabha Hospital, where he was sustaining heavy chest pain.
Therefore, he was taken to Asian Heart Hospital, BKC, Mumbai where
he was already taking treatment. These are the facts.
5.
Admittedly, previous B.A. No.263/2022 was rejected vide
order dt.16.02.2022 considering the role attributed to every accused.
Recovery of hard substance and bamboo was not made, hence it was
one of the grounds for rejecting the said application. At that time co
accused were released on bail, but the application of the present
accused was rejected. It is material to note that, chargesheet has been
BA No.958/2022
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filed. Present accused had undergone police custody remand for the
purpose of recovery of weapons.
Eversince he has been in judicial
custody. I am of the opinion that no one is sure when the case will be
committed, charge will be framed, trial will begin and conclude. The
grounds on which the application is resisted by the prosecution, also
play an important role. The apprehension of the prosecution is that,
there is likelihood of repetition of crime and possibility of question of
law and order. I am of the opinion that, considering the punishment for
offence under Sec.307 IPC, if certain conditions are imposed on the
accused same will safeguard all objections raised by the prosecution. At
the cost of repetition, I am of the opinion that everything required
during the course of investigation is over. Keeping accused behind bars
for uncertain period will cause great inconvenience to his family, as he
is the bread winner of his family. Hence, I hold that applicant has made
out strong primafacie case. Point No.1 is answered in the affirmative
and following order is passed :
ORDER
1.
Bail Application No.958 of 2022 is allowed.
2.
Applicant Salman Ahmed Shaikh be released on bail in
C.R.No.11/2022 by executing PR bond of Rs.30,000/
and surety bond of like amount, on following conditions,
i.
Applicant shall undertake not to pressurize informant, his
relatives and prosecution witnesses in any manner and
also not to tamper with the evidence of prosecution.
iii.
Applicant shall undertake to remain present for each and
every date of the Court scrupulously.
iv.
Applicant shall not leave India without prior permission
of the Court.
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BA No.958/2022
3.
The applicant is permitted to furnish provisional cash
security of Rs.30,000/ for a period of two months, with
PR bond as directed above.
4.
Bail before the Ld. Court of First Instance.
MADHAV
GOPAL
DESHPANDE
Dt.: 09.05.2022
Signed on
Digitally signed
by MADHAV
GOPAL
DESHPANDE
Date: 2022.05.09
16:17:22 +0530
( M.G. Deshpande )
Addl. Sessions Judge.
C.R.No.16, Gr.Bombay at Mumbai
: 09.05.2022.
BA No.958/2022
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
09.05.2022 at
hours
UPLOAD DATE AND TIME
Name of the Judge
Date
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pronouncement
judgment/order
(KISHOR PRAKASH SHERWADE)
NAME OF STENOGRAPHER
HHJ M. G. DESHPANDE
(COURT ROOM NO.16)
of 09.05.2022
Judgment/order signed by P.O. on
09.05.2022
Judgment/order uploaded on
09.05.2022