B.A.1567/2022
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Order
IN THE COURT OF SESSIONS FOR GREATER BOMBAY AT BOMBAY
CRIMINAL BAIL APPLICATION NO. 1567 OF 2022
( CNR NO.: MHCC02­008480­2022 )
Sohail Ali Khan @ Sonu,
Age: 18 years, Occ: Student,
R/o: D­Sector, Y­Line,
Cheetacamp, Trombay,
Mumbai­ 400 088.

…Applicant/Accused.

V/s.
The State of Maharashtra.
( At the instance of Trombay P.Stn.
Vide C.R. No.309/2022)
…Respondents/State.

Appearance:­
Mr. Khan Advocate for the Applicant/Accused.
Mr. Ramesh Siroya, APP for the State/respondent.
CORAM : S.M. MENJOGE, THE ADDL.
JUDGE (C.R.17)
DATE : 02/07/2022.
ORDER
1.

This is an application under section 439 of Cr.P.C. for bail by
applicant/accused Sohail Ali Khan @ Sonu in crime No.309/2022 under
section 307,323,504,506(2) r/w 34 of IPC, and section 4,25,27 of Arms
Act, and section 37(1),135 of Maharashtra Police Act, registered at
police station Trombay, Mumbai.
Facts in brief are as under :­
2.

That on 9/10/2022 at 11.30 p.m. in front of Star school, the son
in law of the complainant namely Shahid was quarreling with some
person.

At that time Sohil Shaikh and Sonu Khan came there and
started abusing the son of Shahid. The Shahid slapped the Sohil Shaikh.

B.A.1567/2022
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Order
Being annoyed this Sohil Shaikh and Sonu Khan started beating Shahid
Khan. Sohil Shaikh dealt a blow of sword on the son of complainant but
complainant tried to save his son hence, he sustained injuries on the left
wrist. Sonu Khan gave kick blow to the son of complainant and hence,
he fell down. Sohil Shaikh gave another blow but at this time also the
sword stuck on the back side of wrist. Based on these allegations offence
came to be registered against the accused.
3.

Mr. Khan Advocate for applicant/accused has submitted that
applicant is falsely implicated in this case. No prima­facie case is made
out against the applicant. No purpose would be served by sending the
applicant
behind
the
bar.

Hence,
he
prayed
to
release
the
applicant/accused on bail.
4.

Mr. Ramesh Siroya, APP for the State has submitted that offence
is serious and the charge­sheet is not filed. Therefore, if the accused is
released on bail he may pressurize the prosecution witnesses.

Hence,
he prayed to reject the application.
5.

I perused case diary and heard the counsel for the applicant and
A.P.P. for the State. I have gone through the Law laid down in respect
of grant or refusal of bail, in following cases by the Hon’ble Supreme
Court :
1]
Sanjay Chandra ­Vs­ C.B.I., 2011 (13) SCALE 107,(2012) 1
SCC 40;
2]
Moti Ram ­Vs­ State of M.P., MANU/SC/0132/1978
(1978) 4 SCC47;
3]
Babu Singh ­Vs­ State of U.P., MANU/SC/0059/1978 :
(1978) 1 SCC 579;
:
B.A.1567/2022
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Order
4]
Vaman Narain Ghiya ­Vs­ State of Rajasthan,
MANU/SC/8394/2008 : (2009) 2 SCC 281;
5]
Siddharam Mhetre ­Vs­ State of Maharashtra,
MANU/SC/1021/2010 : (2011) 1 SCC 694,
6]
Vivek Kumar­Vs­ State of U. P., MANU/SC/0890/2000
(2000) 9 SCC 443;
7]
Prahlad Singh Bhati ­Vs­ NCT, Delhi,
MANU/SC/0193/2001 : (2001) 4 SCC 280;
8]
State of U.P. ­Vs­ Amarmani Tripathi,
MANU/SC/0677/2005 : (2005) 8 SCC 21;
9]
Prahlad Singh Bhati v. NCT, Delhi (2001)4 SCC 280
10]
Gurcharan Singh v. State (Delhi Admn.(1978)1 SCC 118.

11]
Kalyan Chandra Sarkar v. Rajesh Ranjan (2004) 7 SCC 528
12]
Ram Govind Upadhyay v. Sudarshan Singh (2002)3 SCC
598
13]
Puran v. Rambilas (2001) 6 SCC 338.

14]
Neeru Yadav vs State of UP, AIR 2015 SC 3703
15]
Sharad Kumar..Vs…C.B.I, MANU/DE/2374/2011
and considered following factors while deciding this bail application :
(i)
Whether there is any prima facie or reasonable ground to
believe that the accused had committed the offence;
(ii)
Nature and gravity of the charge;
(iii)
Severity of the punishment in the event of conviction;
(iv)
Danger of the accused absconding or fleeing, if released on bail;
(v)
Character, Behaviour, Means, Position and Standing of the
accused;
B.A.1567/2022
(vi)
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Order
Likelihood of the offence being repeated;
(vii) Reasonable apprehension of the witnesses being tampered with
and
(viii) Danger of justice being thwarted by grant of bail.
6.

In the light of law laid down in above cases, I perused the case
diary. On perusal of the same, it is found that the role attributed to the
present applicant is giving the kick blow to the son of complainant. The
sword is already seized. No weapon is used by the present applicant. No
purpose would be served by sending the applicant behind the bar.
Hence, I pass following order.
ORDER
1.

Bail Application No. 1567/2022 is hereby allowed.

2.

Applicant/accused namely Sohail Ali Khan @ Sonu,
in C.R.No.309 of 2022 registered with Trombay police
station for the offence punishable under Sections 307,
323,504,506(2) r/w 34 of IPC, and section 4,25,27 of
Arms Act, and section 37(1),135 of Maharashtra
Police Act, shall be released on his executing PR Bond
of Rs.15,000/­ (Fifteen Thousand only) with surety
in the like amount on the conditions that :­
a)
b)
c)
d)
He shall not pressurize the prosecution
witnesses in any manner.
He shall not commit any offence while on bail.
He shall attend the dates of Court regularly
unless exempted by the Court.
He shall furnish his correct address to the
investigating officer.

B.A.1567/2022
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3.

Order
He be released on provisional cash bail of
Rs.15,000/­. Duration of provisional cash bail shall
be for four weeks.

4.

Bail before Ld. Magistrate.

5.

Bail Application No.1567/2022 is disposed of
accordingly.

Digitally signed
by SHASHANK
MANOHARRAO
SHASHANK
MANOHARRAO MENJOGE
MENJOGE
Date:
2022.07.02
16:34:10 +0530
( S.M. MENJOGE )
Addl. Judge
City Civil & Sessions Court,
Gr. Bombay.
Dictated on
Transcribed on
Date of sign
: 02.07.2022.
: 02.07.2022.
: 02.07.2022.

B.A.1567/2022
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Order
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER”
02.07.2022.
UPLOAD DATE AND TIME
Mrs. S.S.Sawant
NAME OF STENOGRAPHER
Name of the Judge (with Court Room
No.)

S.M. MENJOGE, Addl. Judge.,City Civil &
Sessions Court, (C.R.No.17).

Date of pronouncement of /Order
02.07.2022.

Order signed by P.O. on
02.07.2022.

order uploaded on
02.07.2022.