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Cri.Bail Application No.2060/2022
MHCC020113962022
IN THE COURT OF SESSIONS FOR GREATER MUMBAI AT MUMBAI
CRIMINAL BAIL APPLICATION NO. 2060 OF 2022
(CNR NO. MHCC02-011396-2022)
(C.R.NO. 284 OF 2022)
Sameer Babu Ahmad Shaikh
Aged 30 years, Occupation: Service,
Residing at R.No.80, Solapur Street,
Dana Bandar, Dongri, Mumbai.

..Applicant/Accused
Versus
The State of Maharashtra,
Dongri Police Station.

..Respondent
Appearances :Ld. Adv. Mr. R.V. Gupta for the Applicant/Accused.
Ld. Addl. P.P. Mrs. Rajlaxmi Bhandari for the State/Respondent.
CORAM : H.H. THE ADDITIONAL SESSIONS JUDGE,
MRS. MADHURI M. DESHPANDE,
(Court Room No. 41).
DATED : 15TH OCTOBER, 2022.
ORAL ORDER
1.

This is an application filed by the accused Sameer Babu
Ahmad Shaikh under Section 439 of the Code of Criminal Procedure,
1973, praying for releasing him on bail in connection with C. R. No. 284
of 2022 registered with Dongri Police Station for the offences
punishable under Section 307 of the Indian Penal Code, 1860.

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2.

Cri.Bail Application No. 2060/2022
The prosecution story in short is that, the complainant Sau.

Shaien Sameer Shaikh, the injured in her statement when she was
admitted in J.J. Hospital on 15/5/222 inter-alia contending that she
had got married with the accused in the year 2018. Accused started
consuming liquor and drugs, and therefore, she went to her parents’
house alongwith her son. Accused also left to his village. On 14/5/2022
at about 10.00 at night, accused under influence of liquor came to her
parents’ house and started insisting her to come to his house.
Complainant informed him that unless he stops all his addictions, she
will not come with him. The accused told her that if she does not come
alongwith him, he will kill her there. Still she refused to accompany
him. Therefore, accused assaulted her by wooden pestle and tried to kill
her. Accused has also taken her son with him. She received bleeding
injuries.

On these allegations, the complainant lodged report and
offence punishable under Section 307 of Indian Penal Code came to be
registered against the accused vide Crime No.284/2022.
3.

The contention of accused is that, he is law abiding and
peace loving citizen having deep roots in the society.

He has been
falsely implicated in the present crime, which is absolutely false and
frivolous. He is gainfully employed and is permanent resident of
Mumbai. The alleged incident took place during the exchange of hot
words between husband and wife. Offence U.Sec.307 of IPC is not
made out at all against him and the ingredients of the offence of
‘attempt to murder’ is not present. He does not have any criminal
antecedent to his discredit. He is only earning members in his family
and there is nobody to look after his family in his absence. He is in
custody since 15/5/2022, his further detention in custody is not
required and it will amount to pretrial punishment. He is ready and
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Cri.Bail Application No.2060/2022
willing to co-operate with the police. He undertakes to abide by all the
terms and conditions imposed by the Court while granting bail. Lastly,
he prayed to release him on bail.
4.

The prosecution has opposed the application by filling Say
vide Exh.2 on the grounds that, investigation is over. Charge-sheet is
already filed. The statement of victim under section 164 of Cr.P.C. is
already recorded. Accused tried to kill the victim in a fit of anger. If he
is released on bail, he will pressurize the prosecution witnesses and
complainant. The FSL report is yet to be received. Hence, it prayed to
reject the application.
5.

Heard Learned Advocate for the accused and Learned Addl.

P.P. for the State/Respondent. Gone through the record.
6.

In view of these facts, following points arise for
determination and findings thereon are recorded against each of them,
for the reasons stated below :Sr.
No.

POINTS
FINDINGS
1. Whether the accused is entitled for bail ?
2. What order ?

Yes.
As per final order.

REASONS
As to Point No. 1 :7.
victim.

On perusal of record, it appears that accused is husband of
The complainant was residing separately from him at her
parents’ house. The previous bail application was rejected on
18/7/2022 on the ground that investigation is in progress and charge-
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Cri.Bail Application No. 2060/2022
sheet is yet to be filed. Now investigation is over and charge-sheet is
already filed. Accused is arrested on 15/5/2022. Medical Report of
complainant reveals that one injury is simple in nature and two are in
grievous in nature. The prosecution has not prayed for further detention
of the accused for further investigation. The apprehension of
prosecution is only that, if the accused is released on bail, he will
pressurize
the
prosecution
witnesses
and
complainant.

The
apprehension of prosecution can be taken care of by imposing certain
stringent conditions upon the applicant/accused. Hence, Point No. 1 is
answered in the affirmative.
8.

Considering the fact that investigation is over and charge-
sheet is filed and trial will not commence soon, I am of the view that, it
will be just and proper to allow this application and to release the
accused on bail by imposing some stringent conditions. Hence, the
following order :ORDER
1]
Criminal Bail Application No.2060 of 2022 is allowed.

2]
The applicant Sameer Babu Ahmad Shaikh be released on bail for
the offence punishable under section 307 of the Indian Penal Code
vide crime No.284/2022 registered with Dongri Police Station,
Mumbai on P.R. Bond of Rs.30,000/- with one or two local solvent
sureties in like amount, on the following conditions :a)
The applicant shall not directly or indirectly make any
inducement, threat or promise to any person acquainted with
the facts of the case so as to dissuade him from disclosing
such facts to the Court.

b)
The applicant shall not tamper with the evidence.

c)
The applicant shall remain present before the Court on each
and every date till the completion of trial.

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Cri.Bail Application No.2060/2022
d)
The applicant shall not leave India without permission of the
Court.

e)
The applicant shall furnish his permanent address and
temporary address, if any, and his contact details to the
concerned Court.

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

g)
The applicant shall not enter the house of complainant and
area where she resides/works.

h)
The applicant shall not commit similar type of offence in
future.

i)
The applicant shall file undertaking that he will not cause any
injury to her.

j)
If the applicant disobeyed any of the above condition, the
prosecution is at liberty to move the Court for cancellation of
bail.

3.
Criminal Bail Application No. 2060 of 2022 stands disposed of
accordingly.

(Mrs. Madhuri M. Deshpande)
Addl. Sessions Judge,
City Civil & Sessions Court,
Gr. Mumbai.

Date : 15/10/2022
Dictated on
Transcribed on
Checked & corrected on
Signed on
Sent to Dept on
:
:
:
:
:
15/10/2022
15/10/2022
17/10/2022
17/10/2022
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Cri.Bail Application No. 2060/2022
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED ORDER.”
Upload Date
17/10/2022
Upload Time
12.50 P..M.

Name of Stenographer
Mrs. Mrunal S. Pendkhalkar
Name of the Judge (With Court Room No.)

HHJ Mrs. Madhuri
Deshpande (CR 41)
Date of Pronouncement of ORDER
15/10/2022
ORDER signed by P.O. on
17/10/2022
ORDER uploaded on
17/10/2022
M.