Samad Abdul Karim Shaikh Vs State of Maharashtra Bombay Sessions Court Criminal Bail Application No 743 of 2022

B.A.743/2022
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Order
IN THE COURT OF SESSIONS FOR GREATER BOMBAY AT BOMBAY
CRIMINAL BAIL APPLICATION NO. 743 OF 2022
( CNR NO.: MHCC02­004275­2022 )
Samad Abdul Karim Shaikh
Age: 19 years, Occ: Business
R/o: Building no.4­B, Room No.310,
3rd floor, MMRDA Natwar Parekh Compound,
Near Indian Oil Nagar, Govandi,
Mumbai­400043.
…Applicant/Accused.
V/s.
The State of Maharashtra.
( At the instance of Shivaji Nagar P.Stn.
Vide C.R. No.21/2022)
…Respondents/State.

Appearance:­
Mr. Jabali Advocate for the Applicant/Accused.
Mr. Ramesh Siroya, APP for the State/respondent.
CORAM : H.H. THE ADDL. JUDGE
SHRI G.B.Gurao (C.R.17)
DATE : 05/05/2022.
ORDER
1.

This is an application under section 439 of Cr.P.C. for bail by
applicant/accused Samad Abdul Karim Shaikh in crime No.21/2022
under section 307, 326, 323, 504, 506, r/w 34 of IPC, and under
Section 37 (1) (A), 135 of Maharashtra Police Act registered at police
station Shivaji Nagar, Mumbai.
2.

Mr. Jabali Advocate for applicant/accused has submitted that
applicant is innocent and he has not committed any crime.

In fact
complainant assaulted on the head of accused’s mother. Cross cases are
B.A.743/2022
registered.

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Order
He further submitted that accused is in judicial custody
since 21/01/2022.

Investigation is completed. Charge­sheet is filed.

Accused undertakes to abide by the conditions, if any imposed by the
Court. Hence, he prayed to release the applicant/accused on bail.
3.

Mr. Ramesh Siroya, APP for the State has submitted that offence
is serious. Accused is habitual offender and if he is released on bail then
he will abscond. He prayed to reject the application.
4.

I have perused the charge­sheet.

It appears that dispute was
arose between complainant and accused on account of mobile phone.
It is alleged that accused assaulted to complainant on his rib and neck.
Complainant was admitted in Sion hospital.

Now complainant is
discharged. Investigation is completed. Accused undertakes to abide by
the conditions, if any, imposed by the Court. Therefore, considering the
facts and circumstances of the case, I find that accused is entitled for
bail. Therefore, following order.
ORDER
1.

Bail Application No. 743/2022 is hereby allowed.

2.

Applicant/accused namely Samad Abdul Karim
Shaikh in C.R.No. 21 of 2022 registered with Shivaji
Nagar police station for the offence punishable under
Sections 307, 326, 323, 504, 506, r/w 34 of IPC, and
under Section 37 (1) (A), 135 of Maharashtra Police
Act, shall be released on his executing PR Bond of
Rs.20,000/­ (Twenty Thousand only) with one or
more sureties of the like amount on the conditions
B.A.743/2022
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Order
that :­
a)
He shall attend concerned police station as and when
reasonably required by investigating officer till further orders.
b)
He shall not pressurize the prosecution witnesses in any
manner.
c)
He shall not commit any offence while on bail.

d)
He shall attend the dates of Court regularly unless
exempted by the Court.
e)
He shall furnish his correct address to the investigating
officer.
3.

He be released on provisional cash bail of Rs.20,000/­.Duration of
provisional cash bail shall be for four weeks.

4.

Bail before Ld. Magistrate.

5.

Bail Application No.743/2022 is disposed of accordingly.
Digitally signed
by GIRISH
BALKRISHNA
GIRISH
BALKRISHNA GURAO
Date:
GURAO
2022.05.12
12:50:36 +0530
(G.B.Gurao)
Addl. Judge
City Civil & Sessions Court,
Gr. Bombay.
Dictated on
Transcribed on
Date of sign
: 05.05.2022.
: 06.05.2022.
: 06.05.2022.

B.A.743/2022
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Order
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER”
06.05.2022.
UPLOAD DATE AND TIME
Mrs. S.S.Sawant
NAME OF STENOGRAPHER
Name of the Judge (with Court Room
No.)

HHJ SHRI.G.B.Gurao,(C.R.No.17)
Addl. Judge.,City Civil & Sessions Court,
Date of pronouncement of /Order
05.06.2022.

Order signed by P.O. on
06.05.2022.

order uploaded on
06.05.2022.