CNR No.

MHCC02­008952­2022
IN THE COURT OF SESSION FOR GR. BOMBAY AT MUMBAI
BAIL APPLICATION NO.1647 OF 2022
1. Wasim Ibrahim Sayyed,
Age : 27 year, Occ : Business,
R/o : Zopda No.08, Solapur Street,
Dongri, Mumbai­400009.
2. Mohammed Shahid Mohd. Feroz Shaikh,
@ Surya.
Age : 22 year, Occ ­ Service,
R/o : Zopda No.36, Solapur Street,
Dongri, Mumbai­400009.

…
Applicants
…
Respondent
Versus
The State of Maharashtra
(At the instance of Police Station,
Dongri,
C.R.No.437/2022 )
Appearance:
Mr. Shahid Iqbal @ Mr. Azam Shaikh, Ld. Adv. for applicants.
Mr. Ramesh Siroya, Ld. Addl. P.P.
CORAM :
DATE :
HIS HONOUR ADDL.SESSIONS
JUDGE M. G. DESHPANDE
(C.R.No.16)
July 18, 2022
ORDER
1.

Both
applicants
are
accused
No.1
and
2
in
C.R.No.437/2022 registered with Dongr Police Station under Ss. 307,
504, 506, 34 IPC. Both of them are praying for bail. Prosecution vide
say (Exh.2) by PI Dongri Police Station, Mumbai referred facts alleged
in the FIR and further opposed the application on following grounds,
.. 2..

BA No.1647/2022
a. There is terror of the applicants in the area where they
reside and there is possibility of threatening the
eyewitnesses.
b. There are three antecedents against applicant No.2 Mohd.
Shahid and one against applicant No.1 Wasim.
c. Applicants are habitual offender, hence likely to repeat the
crime.
d. Informant Nihal Jaiswal is Hindu and accused are Muslims,
therefore released of accused on bail is likely to give rise to
similar crimes.
With this, it is contended to reject the application.
2.

Heard Ld. Mr. Shahid Iqbal for the applicant and Ld. A.P.P
Mr. Ramesh Siroya. Following points arise for my determination. I am
recording following findings thereon for the reasons discussed below :­
POINTS
FINDINGS
1.

Whether the applicants­accused have made
out a strong prima­facie case to release
them on bail ?

Yes
2.

What Order ?

Application is
allowed.
REASONS
POINTS NO.1 AND 2.
THE FACTS INVOLVED IN C.R.No.437 OF 2022
3.

Informant Nihal Mahendra Jaiswal had seen applicant No.2
with Sanjay Shetty in Wadi Bunder area. Both applicants and the said
Sanjay Shetty are persons of criminal tendency.

There was quarrel
between Ajay Shetty and the informant on 19.06.2022, when said Ajay
Shetty and Sanjay Shetty had come for addiction. On 25.06.2022 at
00.30 hours the informant was returning from Wadala in Goods Carrier
BA No.1647/2022
.. 3..

Tempo and further parked the same besides his house. He went at
Tambika Dhaba, Poona Street, Wadi Bunder at 1.15 hours for taking
meal. He asked the Manager for parcel and was awaiting the same.
Suddenly Sanjay Shetty, Wasim Sayyed, Shahid Shaikh @ Surya came
near him. Sanjay Shetty was with hockey stick. The workers in the
hotel kitchen, waiters ran away when they saw this fact. Sanjay Shetty
threatened and abused the informant. At that time Wasim Sayyed i.e
applicant No.1, said “ekjks lkysdks vkt bldk eMZj djrs gS”.

Thereafter,
Wasim Sayyed (A1) and Shahid Shaikh (A2) beat the informant by fist
and kick blows. Sanjay Shetty gave blow of hockey stick on the head of
the informant causing bleeding injury. The informant tried to stand.
However, Sanjay Shetty again gave blows of hockey stick on his back,
legs, chest, therefore the informant fell down.

At that time Sanjay
Shetty was shouting heavily that, if someone intervenes he would kill
him. Thereafter, Sanjay Shetty again tried to give hockey stick blow on
the head of the informant, which informant obstructed by his left hand.
The said assault cause injury to left elbow of the informant.

The
informant become unconscious. However, there was raining hence he
regained consciousness and thereafter, was proceeding towards his
house. On the way informant met his friend Vinod who took him to J.J.
Hospital. These are the facts.
4.

Careful perusal of remand application dt.26.06.2022
indicates that both the applicants were arrested and produced before
the Ld. Metropolitan Magistrate who remanded them initially in police
custody till 29.06.2022. In this way, since 29.06.2022 till date both
applicants are in judicial custody. Careful perusal of the facts alleged in
the FIR prima­facie indicates role attributed to both the applicants that
they beat the informant by fist and kick blows. The material role is
BA No.1647/2022
.. 4..

attributed to Sanjay Shetty who was possessing hockey stick and also
gave its blows on head, chest, back and legs of the informant. Not only
this but the bleeding injury on the head of the informant is caused due
to the hockey stick blow given by the said Sanjay Shetty. However, it is
an admitted fact that present applicants were neither possessing any
weapons nor used any weapon for beating the informant. They simply
beat him by fist and kick blows. Therefore, prima­facie offence under
Sec.307 does not attract against them. Both the applicants are in jail
since 29.06.2022. Prima­facie the investigation against them is already
over. In my opinion to continue their detention. On the contrary if
certain conditions are imposed on them, the same will safeguard the
objections raised by the prosecution. Regarding antecedents, it has to
be noted that those offences are yet to be tried. No one is sure when the
chargesheet will be filed, case will be committed, charge will be framed
and trial will begin. It cannot be ignored that, all jails in Mumbai are
overcrowded and there is no point in keeping applicants behind bars for
uncertain period. With this, I hold that both the applicants have made
out strong prima­facie case for their release on bail. With this, Point
No.1 is answered in the affirmative and following order is passed :­
ORDER
1.

Bail Application No.1647 of 2022 is allowed.

2.

Applicants No.1. Wasim Ibrahim Sayyed and No.2.
Mohammed Shahid Mohd. Feroz Shaikh @ Surya, be
released on bail in C.R.No.437/2022 registered with
Dongri Police Station, by everyone of them executing PR
bond of Rs.15,000/­ and surety bond of like amount on
following grounds,
i)
Both applicants shall visit Dongri Police Station once in a
week on every Friday at any time between 08.00 a.m. to
05.00 p.m. and maintain its record for 60 days.

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BA No.1647/2022
ii)
The applicants shall undertake not to pressurize
informant and prosecution witnesses, and also not to
tamper with the evidence of prosecution.

iii)
The applicants shall not leave
permission of the Court concerned.

3.

The applicants are permitted to furnish provisional cash
security of Rs.15,000/­ each for a period of two months,
with PR bond as directed above.

Mumbai
MADHAV
GOPAL
DESHPANDE
Dt.: 18.07.2022
Signed on
without
Digitally signed by
MADHAV GOPAL
DESHPANDE
Date: 2022.07.18
17:54:35 +0530
( M.G. Deshpande )
Addl. Sessions Judge.
C.R.No.16, Gr.Bombay at Mumbai
: 18.07.2022
BA No.1647/2022
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
18.07.2022
at
hours
UPLOAD DATE AND TIME
Name of the Judge
Date
of
pronouncement
judgment/order
(KISHOR PRAKASH SHERWADE)
NAME OF STENOGRAPHER
HHJ M. G. DESHPANDE
(COURT ROOM NO.16)
of 18.07.2022
Judgment/order signed by P.O. on
18.07.2022
Judgment/order uploaded on
18.07.2022