MHCC020063672022
IN THE SESSIONS COURT FOR GREATER MUMBAI
AT MUMBAI
CRIMINAL BAIL APPLICATION NO.1154 OF 2022
(CRIME NO.309 OF 2022, DHARAVI POLICE STATION)
CNR No.MHCC020063672022
Asad Ali Anjum Sayyed @ Jafar,
Age : 25 years, Occ. : Garment Business,
Residing at Room No.304, BWing,
Mamata Building, Ambedkar Marg,
Labour Camp, Matunga, Mumbai400 017.
]
]
]
]
]
… Applicant
Vs.
The State of Maharashtra
]
(At the instance of Dharavi police station) ]
(Vide their C.R. No.309/2022).
]
… Respondent
Appearances :
Mr. Santosh Pal, Ld. Adv. for applicant.
Mr. J. N. Suryawanshi, Ld. A.P.P. for respondent/State.
CORAM : VISHAL S. GAIKE,
ADDL. SESSIONS JUDGE,
COURT ROOM NO.22.
DATE : 9 th June, 2022.
ORDER
This is an application for regular bail under Section 439 of
the Code of Criminal Procedure in connection with Crime No.309 of
2022 registered at Dharavi police station for the offence punishable
2
BA 1154/22
under Sections 307, 324, 504, 506, 143, 144, 146 r/w. 149 of the
Indian Penal Code and Section 4 r/w. 25 of the Arms Act.
2.
It is the case of the prosecution that, the complainant
Mohammad Saif Mohammad Anis Farooqui gave report on 06/04/2022
alleging therein that he was familiar with one Mohammad Lepty, who
was his friend. Since last few days, he was not on speaking terms with
him,
therefore,
Mohammad
Lepty
was
threatening
him.
On
06/04/2022, at 00.15 hours, the complainant went with his brother to
Bagichya Garden ground for playing volley ball. At that time, his
friends Rizvi, Danish and other persons from his locality were playing
with him. At 2.15 a.m., accused Jafar, Nanya came there along with
two persons with swords and bamboo sticks in their hands. Abu came
to the complainant and stated that he had taken enmity with
Mohammad Lepty and therefore, they have come to kill him. He
uttered filthy words to him and tried to assault on his head with the
sword, but he blocked the sword blow with his left hand and hence,
sustained injury to his hand. The complainant’s brother Kaif tried to
rescue him, but Abu gave sword blow on his ribs. The said two
unknown persons assaulted the complainant and his brother with the
bamboo sticks. When the accused were running away from there, the
complainant caught Jafar i.e. the present applicant along with sword in
his hand. The police came there and the present applicant was given in
their custody. Thereafter, on the basis of complainant’s brother’s
statement, F.I.R. was registered.
3.
The say of the Investigating Officer was called. He has
stated that the present applicant and other accused had tried to kill the
3
BA 1154/22
complainant and his friends with dangerous weapons. The absconding
accused are yet to be arrested. If the present applicant is released on
bail, then there is possibility that he may threaten the complainant and
witnesses or may abscond to foreign country. The statements of eye
witnesses are yet to be recorded. Hence, the application may be
rejected.
4.
Heard both the parties. Perused the record. Learned
counsel for the applicant submitted that in fact, two groups were
fighting with each other and the present applicant tried to intervene
and stop the quarrel. He was falsely implicated in the said crime.
Applicant Asad Ali tried to give his report against the complainant on
the same day. But, the police refused to register it and registered it on
the next day under Sections 324, 323, 504 of the Indian Penal Code
and Section 4 r/w. 25 of the Arms Act. The complainant was
discharged from the Hospital on the same day and no grievous injuries
were sustained by him. Nothing is to be recovered from the present
applicant and hence, he may kindly be released on bail.
5.
Learned A.P.P. reiterated the contents from the say of the
Investigating Officer and submitted that investigation is in progress.
Hence, the application may be rejected.
6.
I have carefully considered the submissions made by both
the parties and perused the case diary. The injury certificate of the
complainant reflects that he has received only simple injuries though,
there are allegations of assault by swords and bamboo sticks. The
counter F.I.R. lodged by the present applicant is placed on record. It
4
BA 1154/22
prima facie appears that there was a free fight between two groups on
the said ground. Nothing more is to be recovered from the present
applicant. No further purpose would be served by denying bail to the
applicant particularly, in view of the facts and circumstances which has
come on record. There appears no possibility that he will flee away
from justice or may commit similar offence. Hence, I am inclined to
allow the present application and proceed to pass the following order :
ORDER
1.
Bail Application No.1154 of 2022 is hereby allowed.
2.
Applicant Asad Ali Anjum Sayyed @ Jafar in C.R.No.309 of
2022 registered with Dharavi police station for the offence punishable
under Sections 307, 324, 504, 506, 143, 144, 146 r/w. 149 of the
Indian Penal Code, Section 4 r/w. 25 of the Arms Act, shall be released
on bail on executing P.R. bond of Rs.15,000/ with one surety in the
like amount, and on following conditions :
(a)
He shall not tamper with the prosecution witnesses and
evidence ;
(b)
He shall furnish his detail address, mobile/contact number,
address proof and identity proof at the time of furnishing bail ;
(c)
In case of change of his residence or mobile/contact
number, he shall inform it to the Court and Investigating Officer ;
(d)
He shall attend the Court regularly ;
(e)
He shall not leave the jurisdiction of this Court without the
permission of concerned Metropolitan Magistrate and if the case is
committed to this Court, without the permission of this Court.
3.
Bail shall be furnished before concerned Metropolitan
Magistrate. If the case is committed to this Court, then the bail shall be
furnished before this Court.
5
BA 1154/22
4.
Provisional cash bail in the like amount is granted for four
weeks only. Thereafter, applicant has to furnish one solvent surety in
the like amount.
5.
Bail Application is disposed off accordingly.
Digitally signed
by VISHAL
SADASHIVRAO
GAIKE
Date: 2022.06.10
17:45:10 +0530
Date : 09/06/2022.
Dictated on
Transcribed on
Signed on
( VISHAL SADASHIVRAO GAIKE )
ADDL. SESSIONS JUDGE,
CITY CIVIL & SESSIONS COURT,
GREATER MUMBAI.
: 10/06/2022.
: 10/06/2022.
:
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
UPLOAD DATE AND TIME
10/06/2022 at 4.00 p.m.
NAME OF STENOGRAPHER
Bahushruta Y. Jambhale
Name of the Judge ( With Court H.H.J. Shri Vishal S. Gaike
Room No.)
(Court Room No.22)
Date
of
Pronouncement
JUDGMENT/ORDER
of 09/06/2022.
JUDGMENT/ORDER signed by
P.O. on
10/06/2022.
JUDGMENT/ORDER uploaded on
10/06/2022.