CRI. BA 1606/2022
1
ORDER
MHCC020087272022
IN THE COURT OF SESSIONS FOR GREATER BOMBAY
AT MUMBAI
CRIMINAL BAIL APPLICATION NO. 1606 OF 2022
( CNR NO.: MHCC020087272022 )
1) Shahid Ali Sadiq Ali Khan
Address Room No.12,
Abdul Hameed Khan Chawl,
Lake Road, Dargha Cross Road,
Sonapur, Bhandup (W),
Mumbai 400 078.
2) Shankar Brahmadev Prasad
Address Room No. 2, Jahid Khan Chawl,
Prakash Nagar, Lake Road, Sonapur,
Bhandup (W), Mumbai 400 078.
3) Rohit Vijaykumar Rajbhar
Address Room No. 1, Arfat Hospital,
Near Baburam Kirana Stores,
Sonapur, Bhandup (W),
Mumbai 400 078.
4) Nasim Munsareef Salmani
Address – Near Zakaria Compound,
Dargah Cross Road, Sonapur,
Bhandup (W), Mumbai – 400 078.
V/s.
The State of Maharashtra,
(At the instance of Bhandup
Police Station vide C.R.No.354/2022)
…Applicants/Accused
…Respondent/State.
Appearance:
Advocate Noori F. Khan, for the applicants/Accused.
Smt. Seema Deshpande, Ld. Addl.P.P., for the State/respondent.
CRI. BA 1606/2022
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ORDER
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 applicants requested to release them on bail in
Crime No. 354 of 2022 registered at Bhandup Police Station for offences
punishable under Sections 143, 144, 145, 146, 147, 148, 149, 323, 326,
504 and 506(2) of Indian Penal Code.
2.
Prosecution Case in brief is as under :
Salim Mohd. Sharif Farooqui is the resident of New Prakash
Nagar, Sonapur, Bhandup (West). On 27.05.2022 at about 05:30 p.m.,
his son Islam came to complainant and informed him that quarrel is
going on between the boys who are playing cricket at Zakaria
Compund, Sonapur. Hence, Salim went at spot and he tried to rescue
the quarrel of the boys who were playing cricket. At that time, accused
Shankar Brahmadev Prasad @ Kalli, Naushad Khan, Ballar Khan,
Mishra Prasad Yadav, Atik Qureshi, and others came there. Kalli asked
to the Salim that why he is sending his son to play cricket and informed
him that in the last week, he rescued the quarrel of boys playing cricket.
Complainant Salim was pacifying to accused Kalli. At that time, accused
Kalli abused and started pushing to the complainant. Accused Kalli
inflicted blows of paver block on the head of Salim. Then, accused
Naushad and Atik Querishi inflicted blows of iron rod on the right
shoulder of complainant. Accused Mishra Prasad Yadav inflicted blows
of bottle on the right hand of the complainant. Kalim i.e. brother of the
Salim tried to rescue the quarrel. At that time, Atik Qureshi inflicted
blows of iron rod on the left eye brow of Kalim. Accused Rohit Rajbhar,
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Ballar Khan, Shahid Khan and other accused assaulted to complainant
and Kalim by fist and kicks blows and they also threatened to them that
they will kill them. Some persons gathered at spot. Hence, all the
accused left the spot. Thereafter, complainant went to Mulund Police
Station. Thereafter, he was referred to Mulund General Hospital for
treatment. Complainant lodged report with Mulund Police Station. On
that basis, crime no. 354 of 2022 has been registered against the
present applicants/accused. On 28.05.2022, I.O. arrested to the present
applicants/accused.
3.
The applicants/accused have filed the present application
to enlarge them on bail. They have raised grounds that they are falsely
implicated in the present case. Applicant No. 1 i.e. Shahid Ali Sadiq Ali
Khan lodged report against the complainant and in order to give
counter blast to that report, present complainant has filed false report
against all the accused. Applicants/ accused are permanent residents of
Mumbai. Hence, there arise no question of their absconding. Their
custodial interrogation is not necessary as there is no question of
recovery or discovery at the instance of applicants. Since, 28.05.2022,
applicants are in judicial custody. They are ready to abide by the terms
and conditions that may be imposed on them. Hence, they prayed to
release them on bail.
4.
Ld. Addl. P.P., and I.O. filed their Say at Exh – 2 and
resisted the bail application. It is submitted that the investigation of
present crime is going on. Applicants and other coaccused caused
grievous hurt to complainant and his brother by iron rod and bamboo
stick. There is possibility of tampering of prosecution evidence, if the
applicants/accused are enlarged on bail. Hence, it is prayed to reject the
CRI. BA 1606/2022
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ORDER
bail application.
5.
Heard both the sides. Perused police papers on record. It
reveals that the I.O. visited the spot of occurrence and prepared the
Spot Panchanama. He has also seized iron rod and bamboo stick from
the spot. It reveals that I.O. recorded the statements of witnesses. The
accused are in judicial custody since 30.05.2022. Their police custody
remand period is already over. In my view, further custody of
applicants/accused is not necessary. They are permanent residents of
Mumbai and ready to abide by terms and conditions that may be
imposed on them. In the reason, I am of view that applicants/accused
are entitled to be released on bail but on certain conditions.
:ORDER:
1.
The Criminal Bail Application No. 1606 of 2022 is allowed as
under.
2.
The applicants accused namely Shahid Ali Sadiq Ali Khan,
Shankar Brahmadev Prasad, Rohit Vijaykumar Rajbhar and Nasim
Munsareef Salmani be released on bail on executing personal bond of
Rs.20,000/ each and one or two solvent sureties of the same amount
in Crime No. 354 of 2022 registered at Bhandup Police Station.
3.
Cash security of Rs.20,000/ each 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
their detailed residential addresses and also the addresses of their place
CRI. BA 1606/2022
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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.
13.
Bail before the Court of Metropolitan Magistrate.
Anand
Pandurang
Kanade
Digitally signed
by Anand
Pandurang
Kanade
Date: 2022.07.22
14:29:42 +0530
(Anand P. Kanade)
Addl. Sessions Judge
Sessions Court,
Mumbai. C.R. 60
CRI. BA 1606/2022
Dictated on
Transcribed on
Date of sign
: 18.07.2022
: 20.07.2022
: 21.07.2022
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ORDER
CRI. BA 1606/2022
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ORDER
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
22/07/2022
, 4.00 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
22.07.2022