1
MHNS010029992022
Order below Exh. 1 in Criminal Bail
Application No. 760/2022.
1.
This is an application moved by the applicant/accused Naved
@ Nana Shafiq Shaikh under section 439 of the Code of Criminal
Procedure in C.R.No. I156/2022 registered against accused at Bhadrakali
Police Station for the offence punishable under sections 4/25 of the Arms
Act and section 142 of the Mumbai Police Act.
2.
It is submitted by the accused that he has been falsely
implicated. On considering the complaint it is seen that externment order
was passed against the accused from entering in the Nashik City, however,
instead of registering the offence u/s. 142 of Mumbai Police Act
mischievously registered the offence by contending that they were found
with knife due to which offence under section 4/25 of the Arms Act was
leveled. No knife was seized from the present accused and falsely
contended that knife has been recovered. Accused is residence of Nashik.
He is ready to abide by the terms and conditions imposed on him. Hence,
prayed to allow the application.
3.
Say was called of the investigating officer. He has objected
this application on the count that, accused is habitual offender. He has
been arrested repeatedly yet there was no any improvement and if he
released on bail he will commit serious offence by causing damage to the
property and life of the public. Hence, prayed that application be rejected.
2
4.
Heard arguments of both. It is submitted by the Advocate for
accused that accused has been falsely implicated for the offence under
section 4/25 of the Arms Act as the Court will release the accused for the
offence punishable under section 142 of the Bombay Police Act. He is
ready to abide by all the terms and conditions, hence, prayed that bail be
granted.
5.
Investigating Officer and Ld. APP for the state have strongly
objected this application on the ground that if accused is released on bail
he will commit similar type of offence and create terror in the mind of
public. Hence, prayed for application be rejected.
6.
On perusing the FIR it reflects that knife was found from the
person of the accused. Nothing has to be recovered or discovered from
the accused. Trial will take time. The offences levelled against the accused
are triable by Ld. JMFC. They are not punishable with death or life
imprisonment. No purpose will be served to detain the accused further.
Accused is resident of Nashik his presence can be secured. Apprehension
of the investigating officer can be taken care by imposing condition.
Accordingly, I proceed to pass following order :
ORDER
1.
The application is allowed.
2.
The applicant/accused Naved @ Nana Shafiq Shaikh involved in
C.R.No.I156/2022 registered in Bhadrakali Police Station,
Nashik for the offence punishable under section 4/25 of the Arms
Act and Section 142 of the Bombay Police Act, be released on bail
on his executing P.R. and S.B. of Rs.15,000/ (Rupees Fifteen
Thousand Only) with one surety.
3.
The accused shall not commit similar type of offence by entering the
Nashik City and Rural area during the externed period.
3
4.
The accused shall not tamper with the prosecution evidence or
witnesses.
5.
The accused shall furnish address proof, photo identity
and mobile number of self and their two close relatives.
6.
In case of breach of the conditions, the respondent is at
liberty to apply for cancellation of bail.
7.
Bail before Trial Court.
Nashik.
Date : 18/06/2022.
Sd/xxx
(V.S.MalkalpatteReddy)
Additional Sessions Judge,
Nashik.