CNR
MHNS010019412022
Order below Exh.1 in Cri. Bail Application No.501/2022.
[ Mukaram Jahir Ahmed Shah Vs. State ]
The second application is moved by the applicant­
accused Mukaram Jahir Ahmed Shah under section 439 of the Code
of Criminal Procedure (hereinafter referred to as “Cr.P.C.” for short)
for bail in connection with CR No.9/2022 registered with Peith
Police Station for the offence under section 302,201,120(B) r.w.s.34
of the Indian Penal Code (hereinafter referred to as the “IPC” for
short).
2.

It is stated in the application that applicant­accused is
arrested in connection with the present crime on 1.2.2022 since
then he is in judicial custody. The investigation is over and now
charge­sheet is filed in the court. The applicant­accused is local
resident and there is no likelihood that he will jump the bail.
3.

The brief fact of the prosecution case in the application
that, accused No.6 had extra marital relation with accused No.1 and
they had hatched a criminal conspiracy to kill the husband of
accused No.6 namely Sachin Shamrao Dusane by hiring contract
killer for sum of Rs. 1,00,000/­ and accordingly the accused No.1 to
4 committed the murder of Dusane and dead body was thrown at
Kotanbi village valley as corpus was found to Peith Police Station.
Accordingly, police registered the AD No.3/2022 under section 174
of Cr.P.C.. Thereafter, from the missing report of Niphad Police
Station, Peith Police Station registered the present crime. It is also
stated that the police have sought custody of accused No.1 to 4,
however, magistrate custody of present applicant­accused alongwith
other accused No. 5 and 7. These and other grounds set out in the
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application, applicant­accused prayed for release him on bail.
4.

The bail application is strongly opposed by the State.

I.O. has filed his report. Heard, both the parties.
5.

The learned counsel Shri. A.A. Ansari submitted that,
applicant­accused is local resident and is carrying his business by
name Sana Car Cares at Ambad Link Road. It is his work to scrap
the motor vehicles which were brought to him. He further submitted
that, the police have filed charge­sheet in the court and the matter is
at the stage of committal of the case and from the very charge­sheet
the role of the applicant­accused is shown to the extent of dismantle
of the car only and the present applicant­accused was/is nowhere
participated in actual alleged murder of the victim. Applicant­
accused is ready to abide any condition laid down by this court.
6.

The learned APP Mrs. Chavan opposed the bail
application and submitted that the accused No.6 who has allegedly
illicit extra marital relations with accused No.1 and in order to
remove the hurdle of deceased from the said relationship, the
accused No.6 alongwith accused No.1 entered into the criminal
conspiracy.

She further submitted that, the vehicle which was
allegedly used in commission of crime was Duster Car No.
MH.43.AW­1308 and at the instance of the accused Sandil Swami
present applicant­accused scrapped the vehicle without prior
permission of the RTO and sold it to the scraper Hasnain Mujmil
Khan, his statement is on record. Therefore, she opposed the bail
application and hence, prayed to reject the application.
7.

Perused the record. It appears that, the role of the
applicant­accused is to the extent of section 201 of IPC and as the
Cri. Bail Application No.501/2022.
..3..

investigation was in progress at the time of hearing of previous bail
application, first bail application was rejected by this court. Copy of
the charge­sheet bearing RCC No.11/2022 is placed on record for
perusal of the court by Shri. A.A. Ansari the learned counsel for
applicant­accused. Thus, the investigation is completed and charge­
sheet is filed in the court and considering the role of the applicant­
accused that, he is dismantle the vehicle used in commission of the
crime for which there is maximum Seven years punishments.
Therefore, the role of the present applicant­accused can be
separated from the role of other accused considering the present
stage of the proceeding, no purpose will be served by keeping the
applicant­accused behind the bar. On necessary conditions, I am
inclined to release the applicant­accused on bail for the reasons
mentioned above. Hence, following order is passed.
ORDER
1.

Application is allowed.

2.

Applicant­accused
Mukaram
Jahir
Ahmed
Shah
in
connection with CR No.9/2022 registered with Peith Police
Station for the offence under section 302,201,120(B)
r.w.s.34 of the Indian Penal Code, be released on bail on
executing bond of Rs.30,000/­ with one or two sureties in
like amount.
3.

He shall furnish his address proof aadhar card of his two
near relatives alongwith mobile numbers.

4.

He shall not threaten or tamper the prosecution witnesses
in any manner.

5.

He shall attend the court on given dates.

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6.

In the event of breach of any of the conditions, his bail
bonds shall be liable to be cancelled.

7.

Bail in lower Court.

SHINDE
MADHAV
A
Date­ 02.05.2022
Digitally signed
by SHINDE
MADHAV A
Date: 2022.05.02
17:36:02 +0530
( M. A. Shinde )
Additional Sessions Judge­8,
Nashik.