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BA 227/22
MHCC020011042022
IN THE COURT OF SESSIONS FOR GREATER BOMBAY
BAIL APPLICATION No. 227 OF 2022
Sohail Ahmed Hussain Shaikh
Age : 30 years, Occupation :
R/o.: Room No.10, Gulam Nabi Imam Chawl,
Opp. Firdous Hotel, Quresh Nagar, Kurla (E), Mumbai.
The State of Maharashtra
(Through Chuna Bhatti police
station, vide Cr. No.605/2021)
… Applicant
Versus
… Respondent
Appearance :
Mr. Imran Shaikh, Advocate for applicant.
Mr. D. M. Lade, A.P.P. for respondent.
Mr. Rukshar Shaikh, Advocate for intervener.
CORAM : SHRI. U. M. PADWAD,
ADDITIONAL SESSIONS JUDGE,
COURT ROOM No. 30.
DATED : 25/03/2022.
ORDER
.
Perused application, reply and chargesheet. Heard parties.
Also perused written submissions of the intervener.
2]
Though the prosecution has alleged that a timely medical
assistance could have saved the deceased, it is its case that accused
Moin had strangulated the deceased and not the other accused. It is also
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BA 227/22
clear from its case that after strangulation the deceased fell down and
was lying still till he was removed to the godown of the accused
Shahnawaz. There is nothing to show that this accused had assaulted
the deceased or shared any such intention with accused Moin. The
prosecution claims that the accused removed the deceased to the
godown instead of providing any medical assistance. Such an act at the
most could be a matter of negligence. However, in the present case it is
the statement of Mohd. Shakil, the brother of the deceased, that the
deceased was addicted to vices and invariably he used to sleep in the
godown of accused Shahnawaz. It is not in dispute that there was a
marriage ceremony going on in the vicinity at the relevant time. In view
thereof, claim of the accused that to avoid embarrassment and under
the genuine impression that the deceased was under influence as usual,
was removed to the godown appears quite probable and acceptable.
Even otherwise, except negligence the present accused is not alleged to
have committed any other act that would indicate his intention to
commit murder of the deceased nor he is alleged to have shared such
intention with accused Moin. In such circumstances, his further
detention does not seem necessary. His presence during trial can be
ensured by imposing necessary conditions. Hence the order :
ORDER
1]
Application is allowed.
2]
Accused Sohail Ahmed Hussain Shaikh arrested in Crime Number
605/2021 under Sections 302, 201 and 202 read with Section 34
of the Indian Penal Code registered at Chuna Bhatti police
station be released on P. B. and S. B. of Rs. 25,000/ with one or
two surety/s subject to conditions that he shall attend the
said police station on 1st day of every month between 11:00 a.m.
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BA 227/22
to 02:00 p.m. till conclusion of the trial and shall attend every
date during trial.
3]
He shall not tamper with the prosecution witnesses and evidence
in any manner.
4]
Provisional cash bail in the like amount is allowed. The accused
shall furnish surety/s within 4 weeks from the date of release
failing which the cash bail shall stand forfeited without any
separate order to that effect.
5]
Digitally signed
by UDAY
MANOHARRAO
UDAY
PADWAD
MANOHARRAO
Date:
PADWAD
2022.03.28
17:58:48
+1030
Supply authentic copy.
( U. M. Padwad )
Date : 25/03/2022.
Additional Sessions Judge,
Gr. Mumbai.
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED ORDER.”
28/03/2022
01:00 p.m.
UPLOAD DATE
TIME
V. V. Kulkarni
NAME OF STENOGRAPHER
Name of the Judge (With Court H. H. Additional Sessions Judge
Room No.)
Shri. U. M. Padwad,
Court Room No. 30.
Date of Pronouncement of ORDER 25/03/2022
ORDER signed by P.O. on
25/03/2022
ORDER uploaded on
28/03/2022