B.A.929/2022
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IN THE COURT OF SESSIONS FOR GREATER BOMBAY AT BOMBAY
CRIMINAL BAIL APPLICATION NO. 929 OF 2022
( CNR NO.: MHCC020052302022 )
Shiva Hiralal Gupta
Age: 23 years, Occ: Service
R/o: Room No.234, Ganesh Nagar,
R.C. Marg, Behind Diamand Bar,
Chembur, Mumbai74.
…Applicant/Accused.
V/s.
The State of Maharashtra.
( At the instance of Chembur P.Stn.
Vide C.R. No. 687/2021)
…Respondents/State.
Appearance:
Mr. Keshav Chavan Advocate for the Applicants/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
applicants/accused in crime No.687/2021 under section 307,326,323,
504,141,143,144,147,148, 149, 332 of IPC and section 37(1)(A),135,
142 of Maharashtra Police Act, registered at police station Chembur,
Mumbai.
Facts in brief are as under :
2.
Complainant Sagar Pathak lodged report in the police station
alleging that on 26/12/21 at about 6.30 p.m. one Hitesh Bajaj and his
mother were going from Gandhi Market, Chembur. At that time, the
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vehicle of Corporation of cleaning of drainage had come there. At that
time, accused Nitin came there and he asked Hitesh as “esjh xkMh D;kWa
gVk;k”. Accused abused to him and also threatened that in the evening
he will bring other accused and will see them. Thereafter, at about
10.45 p.m. complainant and his brother Kashyap were standing there.
At that time, all accused came there. Accused Nitin caught collar of
complainant and threatened him. When accused Nitin tried to assault
complainant, at that time, complainant and his brother ran away.
Complainant’s mother had come out of the house and accused were
abusing her. Thereafter, one Harshad informed to the complainant that
accused are abusing to his mother. Thereafter, complainant and his
brother again went to their house.
At that time, accused Shakib
threatened to kill the complainant. The present accused beat to the
complainant kicks and blows and also caught hold him and thereafter
other accused assaulted to the complainant by knife and paver blocks.
However, complainant avoided the assault. Accused Aman also tried to
assault Harshad. At that time, police came there but accused did not
listen.
Accused Aman assaulted to Kashyap by knife on his waist.
Thereafter, accused ran away. Initially, Kashyap was taken to Shatbdi
hospital. Thereafter, he was shifted to Sion hospital and lastly at KEM
hospital. There doctor operated on his injury.
3.
FIR is registered against the accused and investigation was carried
out. During the investigation weapons are seized, statements of
witnesses are recorded and after completion of investigation charge
sheet is filed against the accused.
4.
Mr. Keshav Chavan Advocate for applicant/accused has submitted
that applicant is innocent and he has not committed any crime. He
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submitted that investigation is completed. Chargesheet is filed before
Ld. Metropolitan Magistrate. Now,custodial interrogation of the
applicant is not necessary. Applicant/accused is ready to abide by the
conditions, if any imposed by the Court. Hence, he prayed to release
the applicant/accused on bail.
5.
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.
6.
I have Perused the chargesheet, statement of witnesses.
It is to
be noted that incident occurred on 26/12/2021. Accused is in judicial
custody since then. Now there is no recovery or discovery at the
instance of applicant/accused. His further custodial interrogation is not
necessary. He undertakes to abide by the conditions, if any, imposed by
the Court. Hence, considering the facts and circumstances of the case, I
find that applicant/accused is entitled for bail. Therefore, following
order.
ORDER
1.
Bail Application No. 929/2022 is hereby allowed.
2.
Applicant/accused namely Shiva Hiralal Gupta in C.R.No.
687 of 2021 registered with Chembur police station for the
offence punishable under Sections 307, 326, 332, 323, 504, 141,
143, 144, 147, 148, 149 of IPC, and under Section 37 (1) (A),
135, 142 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
that :
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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.929/2022 is disposed of accordingly.
Digitally signed
by GIRISH
BALKRISHNA
GIRISH
BALKRISHNA GURAO
Date:
GURAO
2022.05.06
12:41:38 +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.929/2022
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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
05.05.2022.
Order signed by P.O. on
06.05.2022.
order uploaded on
06.05.2022.