CRI. BA 10/2024
1
ORDER
MHCC020000862024
IN THE COURT OF SESSIONS FOR GREATER BOMBAY
AT MUMBAI
CRIMINAL BAIL APPLICATION NO.10 OF 2024
( CNR NO.: MHCC020000862024)
Mr.Vishal Anil Madye,
Age 28 years, Occupation:- Nil
Residing at Room No.310, Sairaj Society,
Building No.2, B-Wing, Shivaji Nagar,
Govandi, Mumbai.

…Applicant/Accused
V/s.
The State of Maharashtra,
(At the instance of Sr. Inspector of Police
Ghatkopar Police Station vide
C.R.No.656/2023)
…Respondent/State.

Appearance:Ld. Adv. Shivaji Farakate for the applicant/accused.
Ld. S. P.P. S. V. Kekanis for the State/respondent.
CORAM : H.H. THE ADDL. SESSIONS JUDGE
S.M. TAPKIRE (C.R.60)
DATE : 23.01.2024.
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.656 of 2023 dated 11.12.2023
CRI. BA 10/2024
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ORDER
registered with respondent/state for the offences punishable under
Sections 307, 323, 341, 504 r/w. 34 of the Indian Penal Code, 1860 and
sections 4, 25 of the Arms Act, 1959 and sections 37(1)(A) and 135 of
Maharashtra Police Act, 1951.
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 the raised
submissions contentions objections coupled with record material availed
by them prima-facie inclined the impugned crime raised against
applicant and his companion Vikas Prajapati from the informant Sahil
Anil Patwa by alleging that on 11.12.2023 at 01.00 a.m. (mid night) he
alongwith his friend Ayush Gupta were proceeding by motorcycle at his
home. While it at Ganesh Chowk, Golibar Road, Ghatkopar (West),
Mumbai at the middle of road, applicant and his companion were
consuming the liquor. They stopped to them and by obstructed,
threatened to them for not to proceed from this road and returned back
from their. Upon asking explanation to him, he drawn out a knife and
caught hold his collar of shirt (uniform) and delivered blows of knife on
his abdomen, chest and left arm. When his friend Ayush attempted to
rescue him the applicant has also delivered the blow of punch on his
CRI. BA 10/2024
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ORDER
nose. Moreover the applicant and his companion co-accused have also
assaulted to his friend Harsh Gupta and his father Vinod Gupta by the
same knife, thereby he has assaulted by the knife to informant and
three victims. They all were got injured and shifted to the Civil Hospital
for medical treatment then raised the impugned crime.
5.

The applicant has denied the entire plea grievance
allegations raised against him. He also raised the plea defence of false
implication without any reason and cause. The informant has
malafidely raised the fabricated false dubious concocted incident’s
crime. Moreover the informant and his companion have severly
assaulted to him without any reason and cause and raised the
impugned crime. Also submitted after raising of impugned crime
immediately arrested to him. The alleged used weapon, knife is already
discovered and seized. The Co-accused Vikas Prajapati is also arrested.
At now nothing remain to be discovered, recovered and seized. The
informant and his companion have not caused any serious in nature
injury. He also raised general grounds.
6.

The respondent/state has vehemently opposed to the bail
plea of applicant by raising objection that the applicant and his
companion both were consuming liquor during mid-night hours in the
middle of road and unlawfully obstructed to the informant while he was
traveling by motorcycle and they both unnecessarily by raising quarrel
raised attack by deadly weapons knife on informant his companions
without any reason and cause.

The medical testimonials, injury
certificates of four victims clarifying about the nature of attack raised by
them. The alleged deadly weapon, knife is recovered seized at his
CRI. BA 10/2024
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ORDER
instance. The certain material relevant facts circumstances are yet to
investigated. Therefore, in such eventualities as sufficient evidence
material in regard to involvement participation of applicant to commit
the impugned crime availed to them thereby would not appropriate to
have the relief sought by the applicant.
7.

In above such circumstance cautiously considered the
entire record material availed raised submissions contentions objections
prima-facie inclined in impugned crime the applicant and his
companion co-accused Vikas Prajapati are involved. Against them the
informant Sahil Patwa has raised impugned crime by alleging that they
both have raised attack by deadly weapon sharp edged knife and got
injured to him as well as his companion Harsh Gupta, Ayush Gupta and
his father Vinod Gupta. It is alleged that they all have caused injury by
the weapon of sharp objects. The injury certificate of all the four victims
are clarifying they have caused sustained injuries by the alleged
weapon. The involved alleged weapon sharp edged knife is discovered
and seized at the instance of applicant. The companion of applicant
Vikas Prajapati is arrested on yesterday. The record itself shows the
investigation of impugned crime at nascent stage, as well as against the
applicant with regard to his involvement active participation and
attribution of specific clear role considerable cognizable allegations
grievance are raised. Against the applicant certainly serious in natures
allegations grievance in regard to plea of attempt to commit murder is
raised. Thereby in such eventualities I felt that the exhaustive detail
minute investigation required to be complied, during that would not
appropriate to have the relief sought by the applicant. With this passed
the following order.

CRI. BA 10/2024
5
ORDER
:ORDER:
1. The present Criminal Bail Application No.10 of 2024 is hereby
rejected and disposed of accordingly.
2. The respondent/State to take note of this order.
Dictated and pronounced in open court
(S.M. Tapkire)
Addl. Sessions Judge
Sessions Court,
Mumbai. C.R. 60
Directly typed on Computer
Date of sign
: 23.01.2024
: 29.01.2024
CRI. BA 10/2024
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ORDER
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
29/01/2024, 05.50 p.m.
UPLOAD DATE AND TIME
Mrs. Priya L. Parab
NAME OF CLERK-TYPIST
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
23.01.2024
Order signed by P.O. on
29.01.2024
Order uploaded on
29.01.2024