CMHCC020011072022
IN THE DESIGNATED SPECIAL COURT UNDER SEBI ACT, 1992
FOR MAHARASHTRA STATE
AT COURT ROOM NO.22, CITY CIVIL AND SESSIONS COURT,
GREATER MUMBAI
CRIMINAL BAIL APPLICATION NO. 228 OF 2022
Tabrez Abdul Jabbar Shaikh
Age : 38 Years,
R/a. Room No. 1, Chawl No. 208,
Amir Baksh Chawl, Pipe Road,
Kurla West, Mumbai – 70.
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… Applicant
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… Respondent
Vs.
The State of Maharashtra
(At the instance of Kurla Police Station
Mumbai
Appearances :Mr. Imran Shaikh, Ld. Advocate for applicant.
Mr. Surywanshi Ld. APP for State/respondent .
CORAM : PURUSHOTTAM B. JADHAV,
SEBI SPECIAL JUDGE.
DATE : 14th March, 2022.
ORDER
1.
This is an application for anticipatory bail. The State
resisted it by filing say at Exh. 2. Read the application and Say. Heard
both sides. Perused the record.
SEBI Spl. Judge
-2-
2.
Cri. BA No. 228/2022
It is alleged that the applicant and other accused have
committed offence punishable under section 307, 452, 504, 506, 143,
144, 148, 149, 323, 120-B of Indian Penal Code. So far as the applicant
is the concerned it is alleged that he had been to the house of first
informant alongwith Imran and Shanno Patel. It is further alleged that
the applicant assaulted the first informant with sword and it hit on the
hand of first informant. Learned APP submitted that voice sample of the
applicant is taken and its report is yet to be received. Undisputedly, the
investigation is over. Accused Mohd. Mujahid Imran Shaikh is already
released on bail vide order dated 25.02.2022 passed by this Court in BA
No. 360 of 2022. Ld. APP submitted that there is possibility of
tampering of witness and absconding of the applicant. However, no
material is shown in support of submissions. It is not the case that the
applicant has criminal antecedent. He is resident of Mumbai.
Considering the completed investigation and aforesaid facts and
circumstances, it would be just and proper to release the applicant on
bail. Accordingly, I pass the following order :ORDER
1.
Criminal Bail Application No.228 of 2022 is hereby
allowed.
2.
Applicant Tabrez Abdul Jabbar Shaikh in C. R. No. 623 of
2021 registered with Kurla Police station for the offence punishable
under Sections 307, 452, 504, 506, 143, 144, 148, 149, 120-B of Indian
Penal Code, shall be released on bail on executing P. R. Bond of
SEBI Spl. Judge
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Cri. BA No. 228/2022
Rs.20,000/- with one or more sureties in the sum aggregating to
Rs.20,000/- and on following conditions :(a) He shall not tamper with the witnessess and evidence ;
(b) He shall furnish his detail address, mobile/ contact number,
address proof and indentity proof at the time of furnishing bail;
(c) In case of change of his residence or mobile/ contact number, he
shall inform it to the Court and Investigating Officer ;
(d) He shall attend the Court regularly ;
(e) He shall co-operate with the investigating officer ;
3.
Bail shall be furnished before concerned Metropolitan
Magistrate. If the case is committed to this Court, the bail shall be
furnished before this Court.
4.
Criminal Bail Application is disposed of accordingly.
Date : 14/03/2022.
( Purushottam B. Jadhav )
SEBI SPECIAL JUDGE,
CITY CIVIL & SESSIONS COURT,
GREATER MUMBAI.
Directly typed on Computer on : 14/03/2022.
Printed on
: 15/03/2022.
Signed on
:
SEBI Spl. Judge
-4-
Cri. BA No. 228/2022
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
UPLOAD DATE AND TIME
16/03/2022 at 1.45 p.m.
NAME OF STENOGRAPHER
Mrs. M. M. Kadam
Name of the Judge ( With Court H.H.J. Shri. Purushottam
Room No.)
Jadhav (Court Room No.22)
Date
of
Pronouncement
JUDGMENT/ORDER
of 14/03/2022.
JUDGMENT/ORDER signed by
P.O. on
15/03/2022.
JUDGMENT/ORDER uploaded on
16/03/2022.
SEBI Spl. Judge
B.