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MHCC020007972024
IN THE COURT OF SESSIONS FOR GREATER MUMBAI AT MUMBAI
CRIMINAL BAIL APPLICATION NO. 113 OF 2024
Shahrukh Azmtullah Pathan
Age : 24 years, Occ.: Service
R/at : Tanaji Malusare Chowk,
Hall Panchall Nagar, Zopadpatti,
Tata Nagar, Govandi, Behind Samaj Kalyan,
Shivaji Nagar, Mumbai 43.

…Applicant/accused
Vs.
The State of Maharashtra
(Through Shivaji Nagar Police Station,
Mumbai)
…Respondent
Appearance :Mr. Nawaz Usmani, Ld. Advocate for the Applicant.
Mr. J. N. Surywanshi, Ld. APP for the Respondent/State.
CORAM : H. H. THE ADDL. SESSIONS JUDGE,
SHRI A.A. KULKARNI (C.R. NO.22)
DATED : 18th January, 2024
(ORAL ORDER)
(Dictated and pronounced in the open Court)
This is an application under Section 439 of Cr. P.C. for bail.
Heard Ld. Advocate for applicant and Ld. APP for the State. Perused the
application, say and documents on record.
2.

The Ld. Advocate for applicant submitted that applicant is
arrested by Shivaji Nagar police station in connection with Crime
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No.8/2024 for the offence punishable under Sections 307, 323, 504,
506 r/w 34 of IPC. It is further contention that as per the allegations in
FIR role of applicant is limited to the extent that applicant is caught
hold informant when other accused Sameer assaulted informant by
bottle of Beer. In view of such allegations there are no allegations
against applicant of having assaulted informant between intention to
commit offence under Section 307 of Cr.P.C. Sufficient police custody
was granted. Applicant is arrested on 05.01.2024. There is no need of
further detention of applicant. Hence, prayed for grant of bail.
3.

Ld. APP and investigating officer opposed application. It is
their contention that alleged offences is serious. Investigation is in
progress. If, applicant is released on bail there is possibility of his
absconding. Hence, prayed for rejection of application.
4.

In view of submissions from both sides and on perusal of
the allegations in FIR on 02.01.2024 informant was present at his house
at that time applicant and other accused found present at the house of
his brother-in-law. There was some exchange words between informant
and accused. After some time accused Sameer came on the spot.
Accused caught hold informant and during that time accused Sameer
assaulted informant by bottle of beer. In view of such allegations it
reveals that there are no allegations against applicant of having
informant assaulted and caused any grievous injury. In such
circumstance, nothing is to be seized at the instance of applicant and
there is no need of further detention of applicant for further
investigation. By imposing conditions applicant may be released on bail.

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ORDER
1.

Criminal Bail Application No.113 of 2024 is allowed.

2.

Applicant/accused Shahrukh Azmtullah Pathan be released on
bail on his furnishing P.R. and S.B. Bond of Rs.25,000/- along
with one or more sureties in the like amount in connection with
C.R. No.8/2024 registered with Shivaji Nagar police station.

3.

Applicant/accused are directed to appear before police as and
when required of further investigation till filing of the chargesheet.

4.

Applicant/accused shall furnish his residential address proof
and contact numbers to Investigating Officer.

5.

Applicant/accused 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 or to any Police Officer.

6.

Applicant/accused shall not leave India without previous
permission of the Court.

7.

Provisional Cash Surety is allowed for 10 weeks.

8.

Bail before learned Court below.

9.

Criminal Bail Application No.113 of 2024 stands disposed off
accordingly.

Date : 18.01.2024
Dictated on
Transcribed on
HHJ signed on
: 18.01.2024
: 18.01.2024
: 18.01.2024
(A. A. Kulkarni)
Additional Sessions Judge,
Sessions Court,
Gr. Bombay (C.R.No.22)
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
Upload Date
16.01.2024
Upload Time
Name of Stenographer
5.30 p.m.

Mrs. Manasi Kadam
Name of the Judge (With Court HHJ SHRI. A.A. KULKARNI (CR 22)
Room No.)
Date of Pronouncement
JUDGMENT /ORDER
of
16.01.2024
JUDGMENT /ORDER signed by
P.O. on
16.01.2024
JUDGMENT /ORDER uploaded
on
16.01.2024