BA No.1797 / 2022,
State – Arif Mohammad
Bail
Page 1 of 2
Bail Application No.1797 / 2022
State – Arif Mohammad
MHCC020097212022
Order
(Delivered on this 20th Day of August 2022)
This is application for bail.
2)
Heard Learned Adv. Shri. B. S. Meti for applicant /
accused. Heard Learned APP Smt. Ashwini Raykar for the State.
Perused reply of prosecution (Exh.2, Dt.02.08.2022). Perused
Record.

FIR :
3)
On 09.05.2022, Shahid Yunus Ali Sayyed lodged
complaint with Park Site Police Station, Mumbai, stating that, on
08.05.2022, at about 21:30 Hrs., accused Arif, Sufiyan and their
friends assaulted brother Sajid and Wasim with stump and knife.

Investigation :
4)
Accordingly, Crime No. 266 / 2022, U / Sec. 323, 324,
and 504 of IPC came to be registered. Charge-sheet came to be
filed against aforesaid two accused and others, U / Sec. 326, 324,
323, 504, 109 r / w Sec.34 of IPC.
Case of the Applicant / Accused :
5)
Applicant / accused is falsely implicated in the Crime.
There is old rivalry between groups, because of which counter
FIR is already lodged. Accused / applicant is ready to abide by all
conditions, imposed by the Court. Hence, he be released on bail.
Objections by Prosecution :
6)
The Learned APP, opposed the bail on the ground that,
applicant / accused is heavily addicted to Drugs. Crime No.593 /
2021 U / Secs.324, 323, 143, 147, 149 r / w Sec.34 of IPC, Crime
BA No.1797 / 2022,
State – Arif Mohammad
Bail
Page 2 of 2
No.67 / 2022 U/ Sec.8 (c) r/w 20 (b) (ii) NDPS Act, Crime
No.266 / 2022 U / Sec.326, 324, 323 r/w 34 of IPC are already
registered against him. His release may trigger tension in the
locality which may threaten law and order situation. Accused
may repeat similar crime. Hence application be rejected.

Conclusion :
7)
As per FIR dated 09.05.2022, incident occurred almost
prior to 20 hours on 08.05.2022.
8)
The Medical Legal Certificate (MLC) of Victim Shahid
(filed at Page No.34), mentions, simple injuries by sharp object.
9)
Perusal show that, counter FIR No.265 / 2022 is
registered against victim Shahid U / Sec. 307, 149 of IPC.

In both Crimes, all accused are already released on bail.

10)
11)
Considering facts that, there is delay in lodging of FIR,
MLC mentions simple injuries and further considering counter
FIR, then, in given circumstances, accused / applicant Arif
Mohammad Kasam Shaikh is entitled for bail. Hence, following
Order is passed.

ORDER
1.
2.
3.
4.

Criminal Bail Application No.1797 of 2022 is allowed.
Applicant / accused Arif Mohammad Kasam Shaikh be
released on same term and conditions as in ABA
No.1085 of 2022, decided on 10.06.2022.
Order pronounced in presence of Ms. Monisa Usmani.
Criminal Bail Application is disposed of accordingly.

Place : Mumbai
Date : 20.08.2022
Vijay S. Hingne
I / c Additional Sessions Judge,
Court Room No. 23,
Greater Mumbai
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