CNR No.

MHCC02­004057­2022
IN THE COURT OF SESSION FOR GR. BOMBAY AT MUMBAI
BAIL APPLICATION NO.698 OF 2022
Zishan Zahid Ali
Age – 25 year, Occ – Ola Driver,
R/o – Shanti Nagar, Azad Mohalla,
Mithag Road, Antop Hill, Wadala,
Mumbai­37.

…
Applicant
…
Respondent
Versus
State of Maharashtra
(At the instance of Police Station,
BKC
C.R.No.88/2022)
Appearance:
Mr. Shafqat Ali Shaikh, Ld. Adv. for applicant/
Mrs. Rashmi Tendulkar, Ld. Addl. P.P.
CORAM :
DATE :
HIS HONOUR ADDL.SESSIONS
JUDGE M. G. DESHPANDE
(C.R.No.16)
April 7, 2022
ORDER
1.

Applicant Zishan Zahid Ali is accused in C.R.No.88/2022
registered with BKC Police Station under Ss. 353,323 I.P.C..
praying to grant bail.

He is
Prosecution opposed the application vide say
(Exh.2) of Investigating Officer reiterating facts alleged in the FIR and
contending that, investigation is in progress. With this, it is contended
to reject the application.
2.

Heard Ld. Adv. Mr. Shafqat Ali Shaikh for the applicant
and Ld. A.P.P Mrs. Rashmi Tendulkar alongwith Investigating Officer.

.. 2..

BA No.698/2022
Following points arise for my determination. I am recording following
findings thereon for the reasons discussed below :­
POINTS
FINDINGS
1.

Whether the applicant­accused has made
out a strong prima­facie case to release him
on bail ?

Yes
2.

What Order ?

Application is
allowed.
REASONS
POINT NO.1.
FACTS INVOLVED IN C.R.No.88 OF 2022.
3.

Informant Prashant Anna Mhamunkar is Police Hawildar
buckle No.960258 posted in Traffic Wing of Bandra Police Station. He
alleged that, on 12.00 hours dt.24.03.2022 he was on duty. One Ola
cab
bearing
No.MH03­CH­0295
came
from
Kalanagar
Flyover
proceeding to Family Court. The driver thereof was talking on mobile
handset, therefore he stopped him. There were two women passengers.
On asking the said driver, he showed his driving license from Digi
locker. He was found having committed offence of talking on mobile
handset while driving. When he was made aware of his offence he
started quarreling with the informant and thereafter manhandled the
informant.
broken.

Due to said attack uniform button of the informant got
Thereafter he gave slap below left ear of the informant.

Informant tried to resist him but got fell on the road, when the said
driver gave kick blow on his chest. In this scuffle speck of the informant
got broken. These are the facts.
4.

Applicant was arrested on 24.03.2022. he was remanded
to Magisterial custody on 25.03.2022.

This clearly indicates that
.. 3..

BA No.698/2022
material part of the investigation was over. Nothing is remained to be
seized from the accused. I strongly feel that, his futher detention in
judicial custody is not warranted. Apprehension of Investigating Officer
can be safeguarded by imposing certain conditions on the applicant.
With this, applicant has made out strong prima­facie case to grant bail.
Point No.1 is answered in the affirmative and following order is
passed :­
ORDER
1.

Bail Application No.698 of 2022 is allowed.

2.

Applicant Zishan Zahid Ali be released on bail in
C.R.No.88 of 2022 reiterated with BKC Police Station on
executing PR bond of Rs.15,000/­ with surety bond of
like amount, and on following conditions,
i)
The applicant shall attend BKC 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.

ii)
The applicant shall undertake not to pressurize informant
and prosecution witnesses, and also not to tamper with
the evidence of prosecution.

iii)
The applicant shall undertake to attend each and every
date of the trial.

3.

The applicant Zishan Zahid Ali be released on provisional
cash security of Rs.15,000/­ with PR bond on condition
to furnish surety within two months.

4.

Bail before Ld. Court of First Instance.
MADHAV
GOPAL
DESHPANDE
Dt.: 07.04.2022
Signed on
: 07.04.2022
Digitally signed by
MADHAV GOPAL
DESHPANDE
Date: 2022.04.07
17:53:09 +0530
( M.G. Deshpande )
Addl. Sessions Judge.
C.R.No.16, Gr.Bombay at Mumbai
BA No.698/2022
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
07.04.2022 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 07.04.2022
Judgment/order signed by P.O. on
07.04.2022
Judgment/order uploaded on
07.04.2022