Cri.B.A.1953/2022
Page No. 1
ORDER
MHCC020107802022
IN THE COURT OF SESSIONS FOR GREATER BOMBAY,
AT MUMBAI
CRI BAIL APPLICATION NO. 1953 OF 2022
(CNR NO.MHCC020107802022)
IN
(CC NO.856/2019)
1.
ZEENAT HAFIZ MANSOORI
Aged : 30 years, Occ. : Housewife,
Residing at Room No. 119,
Transits Camp, Chawl No. 15,
K.C.Marg, Bandra (West),
Mumbai – 400 050.
2.
SHAHEEN ZAHEER SHAIKH
Aged : 31 years, Occ. : Housewife,
Residing at Room No. 24,
Indira Nagar Slum, Ali Yawar
Adjacent to Jang Hospital Walls,
K.C.Marg, Bandara
Transits Camp, Chawl No. 15,
K.C.Marg, Bandra (West),
Mumbai – 400 050.
3.
RIZWANA @ RUKSANA DILAWAR KHAN
Aged : 52 years, Occ. : Housewife,
Residing at Room No. 627, Lal Mitti,
Bandra (West), Mumbai – 400 050.
Cri.B.A.1953/2022
4.
Page No. 2
ORDER
FAUZIA HAMEED MANSURI
Aged : 37 years, Occ. : Housewife,
Residing at Room No. 119,
Transits Camp, Chawl No. 15,
K.C.Marg, Bandra (West),
Mumbai – 400 050.
…Applicants/Accused
(All are currently in Judicial Custody)
V/s.
The State of Maharashtra,
at the instance of Bandra Police Station.
…Respondent
Appearance :
Advocate Mr. Sandesh Manikhedkar for applicant present.
APP Mr. Shankar Erande for state present.
CORAM : HH THE ADDL.SESSIONS JUDGE
SMT.C.V.PATIL
(Court Room No. 27)
DATE : 17h August, 2022.
ORDER
The present application is filed by Accused nos. 1) Zeenat Hafiz
Mansoori, 2) Shaheen Zaheer Shaikh, 3) Rizwana @ Ruksana Dilwar
Khan and 4) Fauzia Hameed Mansuri. It is the submission of accused
that they are innocent, they have falsely implicated, they are citizen of
India, permanent resident of Mumbai, with this ground the accused
requested Bail under Section 439 of the Criminal Procedure Code.
2.
Prosecution file reply at Exh.2 and denied contents of application.
It is the submission of prosecution that the police persons had been for
executing warrant against absconding accused by name Hafiz Hamid
Mansuri, that time the present three accused alongwith one Nasir
Cri.B.A.1953/2022
Page No. 3
ORDER
Shaukat Mansuri has created obstruction in execution of arrest of
accused Hamid. Therefore offence vide Crime No. 856/2019 for the
offence is punishable under Section 353, 332,143, 147, 149 and 504 is
registered against accused. Present accused are arrested and in MCR.
The Bail Application is apposed on the ground that, the present accused
would abscond and if the said accused are released on bail then they
will not attend trial of the case.
3.
The offence punishable under Section 353, 332 is triable by
Sessions Court. Report disclosed that the accused Hamid and Nasir are
already arrested in the said crime. Charge sheet is also filed against
them, but that time the present accused were shown abscond and now
they have arrested. Therefore the submission of accused that arrest is at
delayed stage is not acceptable. The offence is triable by this Court, trial
would take its own time. The reasons of the objection can be secured by
imposing necessary condition. Except the reason of abscond there is no
reason why accused should be detain behind bar. Already after
completion of investigation chargesheet is filed. Therefore there is no
reason to keep the accused behind bar for uncertain period i.e. till the
conclusion of trial. Accordingly, following order is passed :
ORDER
1.
Criminal Bail Application No. 1953/2022 is allowed.
2.
The applicant nos. 1) Zeenat Hafiz Mansoori, 2) Shaheen Zaheer
Shaikh, 3) Rizwana @ Ruksana Dilwar Khan and 4) Fauzia
Hameed Mansuri be released on bail on executing PB and SB of
Rs. 15,000/ (Rupees Fifteen Thousand) by each with surety of
like amount.
3.
The applicants shall not leave India without prior permission of
this Court, if any and after chargesheet or report with the
permission of Trial Court.
Cri.B.A.1953/2022
Page No. 4
ORDER
4.
The applicants to furnish ID proof, registered address, phone
number before Trial Court/I.O.
5.
The applicants to attend concerned police station/Court regularly.
6.
The applicants shall not tamper prosecution evidence in any
manner.
7.
Breach of any conditions by the applicants shall result in
cancellation of bail.
8.
Thus, Criminal Bail Application No. 1953/2022 is allowed. stands
disposed of.
(Smt.C.V.Patil)
Addl.Sessions Judge,
City Civil & Sessions Court,
Gr. Mumbai
Date : 17/08/2022
Date of Dictation
: 17/08/2022
Date of Transcription : 18/08/2022.
Date of signature
: 19/08/2022.
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
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