CRI. BA 667/2024
1
ORDER
MHCC020042582024
IN THE COURT OF SESSIONS FOR GREATER BOMBAY
AT MUMBAI
CRIMINAL BAIL APPLICATION NO. 667 OF 2024
( CNR NO.: MHCC02-004258-2024 )
Shoaeb Maksood Ali Khan
Age 21 years, Occ.:- Labourer,
Residing at Home No. 48,
Mahuli, Bhagautipur,
Sant Kabir Nagar, Uttar
Pradesh 272 172.
V/s.
The State of Maharashtra,
(At the instance of Ghatkopar
Police Station vide C.R.No.28/2024)
…Applicant/Accused No.3
…Respondent/State.

Appearance:Ld. Advocate Anurag Talekar for the applicant/accused.
Ld. S. P.P. S.V. Kekanis and Ld. S.P.P Manisha J. Parmar for the
State/respondent.
CORAM : H.H. THE ADDL. SESSIONS JUDGE
S.M. TAPKIRE (C.R.60)
DATE : 08.04.2024.

CRI. BA 667/2024
2
ORDER
ORDER
1.

This is an application under Section 439 of Code of
Criminal Procedure, 1973 (hereinafter referred to as Cr.P.C) in
connection with the crime vide C.R. No. 28 of 2024 dated 07.01.2024
registered with respondent/state for the offences punishable under
Sections 326(B) of the Indian Penal Code,1860.
2.
of
The respondent/state has strongly opposed to the bail plea
the
applicant on various
grounds
by
filing
their
written
say/submission at Exh-3.
3.

Perused the application, plea submissions, grounds raised
therein coupled with the documents placed reliance by the applicant.
Also, perused the written say/objection of respondent/state. Heard Ld.
Advocate for the applicant and the Ld. S.P.P. for respondent/state.
4.

Having heard to the rival parties and considered their
raised submissions contentions and record availed prima-facie inclined
in impugned crime the applicant and two co-accused are involved.
Against them raised the allegations grievance by the informant that on
06.01.2023 at 06:30 p.m. when his child Ayub aged 11 years old was
playing near Shoeb Pan Stall. At that time, the co-accused Farhan has
poured the inflammable substance on collar of his son by taking its
bottle from the hand of co-accused Ashfaque. Thereon, the applicant set
on ablaze him by throwing a ablazed match-stick. Thereby, he set on
ablaze him just for enjoying. The same was extinguished by lady
vegetable vendor and then immediately hospitalized him. The child
CRI. BA 667/2024
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ORDER
victim was admitted in hospital till 10.03.2024. Allegedly he has caused
sustained 25% superficial deep burns injuries to back of neck and right
as well left arms. The investigation is completed and charge-sheet is
filed on 16.02.2024. Thereon, the applicant has raised the bail plea on
the ground that considering the levelled allegations against him would
reveal he was not actively involved in alleged crime. Against him no
serious in natures allegations levelled. However, falsely raised the plea
grievance that he had thrown an ablazed match-stick on his shirt and
set on fire to him. The alleged inflammable substance doesn’t come
under the substance of acid. Therefore, prima-facie the offence
u/s.326(B) of IPC doesn’t make out constitute by any manner. He is
immediately arrested on 07.01.2024. He is young person. Now the
victim is discharged. Therefore, no justified circumstance remained to
detain him behind bar. He also raised general grounds.
5.

The respondent/state has vehemently opposed to the bail
plea of applicant on the ground that the applicant along with coaccused had intentionally thrown inflammable substance on the child
victim who is 11 years old just with intention to get enjoyment. In said
incident the son of informant has caused sustained 25% superficial deep
burns injuries to the vital parts of his person. He was immediately
admitted in hospital after said incident and hospitalized till 10.03.2024.
The said circumstance itself speaking and clarifying about serious in
natures injuries caused to the victim. The applicant himself had ablazed
a match-stick and same was thrown on the person of child victim as on
his shirt the two co-accused had already thrown inflammable substance.
Thereby, inspite of having knowledge to applicant that due to thrown
the ablazed match-stick on person of child victim he would set on
CRI. BA 667/2024
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ORDER
ablaze and life threat injury could be caused to him. Therefore, he
doesn’t deserve for the liberty.
6.

In above such circumstance cautiously considered the
entire record material availed raised grievance submissions prima-facie
inclined the applicant and two co-accused are involved in impugned
crime. Against them alleged that they have intentionally and just for
enjoying poured inflammable substance on the person of child victim of
11 years old and the applicant had thrown an ablazed match-stick on
him and set on ablaze to him. Wherein the said victim has caused
serious in natures injury. Considering the same coupled with levelled
allegations and saddled crime it inclined the material fact that sprinkled
inflammable substance on child victim allegedly from co-accused and
setting him on ablaze from applicant are prima-facie clarifying. In that
regard, certain documents record material evidence is availed. Further
considering the statement of various witnesses, also inclined the
involvement participation of applicant with co-accused revealing.
However, at now the investigation is completed and charge-sheet is also
submitted. The child victim though immediately admitted in hospital
i.e. on 06.01.2024, however, he is discharged from hospital on
10.03.2024. Considering the record material availed and involved
witnesses I felt inevitable time would take to commence the trial and
the required span would exhaust to conclude the trial. During that
would not appropriate to detain applicant behind bar. However, I felt
that considering the seriousness gravity of allegations levelled crimes,
involvement participation and attribution of role of applicant by
saddling stringent conditions would appropriate to have liberty to him.
With this passed the following order.

CRI. BA 667/2024
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ORDER
ORDER:
1.

The present Criminal Bail Application No. 667 of 2024 is hereby
allowed, subject to following conditions by the applicant/accused.
a.

The applicant Shoaeb Maksood Ali Khan, age 21 years, residing at
Home No. 48, Mahuli, Bhagautipur, Sant Kabir Nagar, Uttar Pradesh
272 172 be released on executing P.R. Bond of Rs.2,00,000/- (Rupees
Two Lakhs Only) and furnish one or two solvent sureties in the like
amount in connection with the crime vide C.R. No. 28 of 2024
registered with Ghatkopar Police Station for the offences punishable
under Sections 326(B) of the Indian Penal Code, 1860.
b.

The applicant shall not tamper or hamper the prosecution
witnesses and evidence by any manner.
c.

The applicant shall attend every date of trial without fail.

d.

The applicant shall not indulge in any criminal activity.

e.

The applicant shall not leave India without prior permission of
Ld. Trial Court.
f.

The applicant shall submit his proper considerable residential
address proof as well as telephone and cell numbers with respondent, in
view of his contact.
g.

The applicant to make surety compliance before Ld. Trial Court.

CRI. BA 667/2024
h.

6
ORDER
Accordingly, inform to the Ld. Trial Court, Investigating
Officer/Ghatkopar Police Station by sending copy of this order.
i.

The respondent/Ghatkopar Police Station to take note of this
order.
j.

The present Criminal Bail Application No.667 of 2024 stands
disposed of accordingly.
Dictated and pronounced in open court
SHRIRAM
MADHUKAR
TAPKIRE
Dictated on
: 08.04.2024
Directly typed on : 08.04.2024
Date of sign
: 15.04.2024
Digitally signed
by SHRIRAM
MADHUKAR
TAPKIRE
Date: 2024.04.15
15:43:50 +0530
(S.M. Tapkire)
Addl. Sessions Judge
Sessions Court,
Mumbai. C.R. 60
CRI. BA 667/2024
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ORDER
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
15/04/2024, 3.45 p.m.
UPLOAD DATE AND TIME
Mr. Prasad S. Pednekar
NAME OF STENOGRAPHER
Name of the Judge (with Court Room No.)

HHJ S.M. Tapkire,(C.R.No.60)
Addl. Sessions Judge.,City Civil & Sessions
Court, Mumbai.

Date of pronouncement of Judgment/Order
08.04.2024
Order signed by P.O. on
15.04.2024
Order uploaded on
15.04.2024