B.A.247/2024
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MHCC020017362024
IN THE COURT OF SESSIONS FOR GREATER BOMBAY
AT BOMBAY
CRIMINAL BAIL APPLICATION NO.247 OF 2024
IN
C.R.NO.724 OF 2023
Mr. Sameer Iqbal Shaikh
Age : About 23 years old,
At present residing at : Room No.F/7.
Koylewala Gali, Behram Nagar,
Bandra (East), Mumbai – 400 051
…Applicant
Vs.
The State of Maharashtra
(Nirmal Nagar Police Station)
CORAM:
…Respondent
HH THE ADDL.SESSIONS JUDGE
SHRI. V. M. SUNDALE
(Court Room No.27)
DATE : 08th February 2024
Shri Shekhar Singh, learned advocate for applicant.
Ms. Ratnavali Patil, learned APP for State/Respondent
ORDER
01.

The applicant Mr. Sameer Iqbal Shaikh has filed this
application under Section 439 of the Code of Criminal Procedure for
bail in connection with Crime No.724/2023 registered in Nirmal Nagar
B.A.247/2024
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Police Station, Mumbai for the offence under Section 307, 323, 504 r/w.
34 of the Indian Penal Code, on the allegations that the applicant and
co-accused in furtherance of their common intention caused grievous
injury to the informant and his brother and attempted to commit their
murder.
02.

The investigating officer through learned APP filed reply
(Exh.02) and opposed the application. It is contended that the offence is
serious and investigation is in progress. The applicant and co-accused in
furtherance of their common intention caused grievous injuries to the
informant by means of scissor and screwdriver. The informant was
admitted in Bhabha hospital, Mumbai as indoor patient for six days. In
the provisional medical certificate it is mentioned that the informant
has sustained injury of 1 cm length on chest on left side below nipple.
The applicant, co-accused and informant reside in the same vicinity.
According to the investigating officer in such circumstances, if the
applicant released on bail there is possibility of pressurizing prosecution
witnesses, hampering investigation and fleeing away from justice.
Hence, the investigating officer prayed to reject the application.
03.

Heard Shri Shekhar Singh, learned advocate for applicant
and Ms. Ratnavali Patil, learned APP for the prosecution.
04.

I have carefully gone through record with reference to
submission of both the sides. It appears that the name and role of the
applicant is specifically mentioned in the First Information Report. It is
alleged that on 16/12/2023 at about 9.30 to 10.00 p.m. the applicant
and co-accused abused and caused grievous injuries to the informant
and his cousin by means of scissor and screwdriver. In the said incident
the applicant gave blow by means of screwdriver near eyebrow and
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hand of the informant. The investigating officer arrested the applicant
on 18/12/2023 and produced before the learned Metropolitan
Magistrate. In the course of police custody the investigating officer
already recovered screwdriver at the instance of applicant under
memorandum panchnama. It further appears that the investigating
officer visited the spot of incident and prepared spot panchnama. The
investigation is almost completed and presence of the applicant is not
necessary. It is clearly seen that the alleged incident occurred in the spur
of moment. In the same manner there is no reference about the injuries
caused to the informant below his eyebrow and hand by means of
screwdriver in the reply filed by the investigating officer. Nothing has
been placed on record about past criminal antecedents of the applicant.
There are no extra ordinary circumstances to keep the applicant behind
bar and complete remaining part of investigation. The apprehension
placed on record by the investigating officer in respect of pressurizing
prosecution witnesses and fleeing away from justice can be taken care
of by imposing certain conditions. In the facts and circumstances of the
case, the applicant is entitled to release on bail. Hence, the following
order is passed.
ORDER
1.

Criminal Bail Application No.247 of 2024 is allowed.

2.

The applicant Sameer Iqbal Shaikh be released on bail in Crime
no.724/2023 registered in Nirmal Nagar Police Station for the
offences under Section 307, 323, 504 r/w. 34 of the Indian Penal
Code on his executing P.R.Bond of Rs.50,000/- (Rupees Fifty
Thousand) with one or two sureties of the like amount.

3.

The applicant and his surety shall provide their respective mobile
numbers, e-mail address and documents pertaining to place of
residence.

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4.

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The applicant shall not directly or indirectly make any
inducement, threat or pressurize any person acquainted with the
facts of the present case so as to dissuade him from disclosing
such facts to the Court.

5.

The applicant shall not leave India without prior permission of
the Court.

6.

The applicant is directed to attend the Nirmal Nagar police
station once in a week i.e. on every Wednesday between 11.00
a.m. to 1.00 p.m. till filing of charge-sheet and co-operate the
investigating agency.

7.

Provisional cash bail in the like amount is allowed. The applicant
shall furnish surety within four weeks from the date of release
from jail, failing which the cash bail shall stand forfeited without
any separate order.

8.

Breach of any conditions by the applicant shall result in
cancellation of bail.

9.

Bail before learned Metropolitan Magistrate Court.

10.

Thus, Criminal Bail Application No.247 of 2024 stands disposed
of.

08/02/2024
Dictated on
: 08/02/2024
Transcribed on : 08/02/2024
Signed on
:08/02/2024
(V. M. Sundale)
Addl. Sessions Judge,
City Civil & Sessions Court,
Gr. Mumbai
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CERTIFIED TO BE TRUE AND CORRECT COPY OF THE
ORIGINAL SIGNED JUDGMENT/ORDER.”
Upload Date
Upload Time
09/02/2024
3.00 p.m.

Name of Stenographer
Mrs. M.S. Putta
Name of the Judge (With C.R. No.)
Date
of
Pronouncement
JUDGEMENT /ORDER
HHJ Shri V.M.Sundale (C.R.No. 27)
of
08/02/2024
JUDGEMENT /ORDER signed by P.O.
on
08/02/2024
JUDGEMENT /ORDER uploaded on
09/02/2024