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MHCC020069652024
IN THE COURT OF SESSIONS FOR GREATER MUMBAI AT MUMBAI
CRIMINAL BAIL APPLICATION NO. 1131 OF 2024
Intezar Ahmad Abdul Latif Malik
Aged – 31 years,
R/at : Plot No. 41/A/1,
Near Hanuman Mandir,
Road No. 06, Shivaji Nagar,
Govandi, Mumbai 43.

…Applicant/accused
Vs.
The State of Maharashtra
(Through Shivaji Nagar
Police Station, Mumbai)
…Respondent
Appearance :Mr. Firoz Behlim, Ld. Advocate for the Applicant.
Mr. J. N. Suryawanshi, Ld. APP for the Respondent/State.
CORAM : H. H. THE ADDL. SESSIONS JUDGE,
SHRI A.A. KULKARNI (C.R. NO.22)
DATED : 02nd May, 2024.
(ORAL ORDER)
(Dictated and pronounced in the open Court)
This is an application under Section 439 of Cr. P.C. Heard
Ld. Advocate for applicant and Ld. APP for the State. Perused the
application, say and documents on record.
2.

Ld. Advocate for the applicant submitted that police
arrested applicant in connection with C.R. No.317/24 for the offence
punishable under Sections 307, 323, 504, 506(2) r/w 34 of IPC and
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Sections 37(1)(A), 135 of Maharashtra Police Act. It is further
contention of applicant that, he is falsely implicated in this case.
Applicant has not committed the offences as alleged by informant.
Dispute between two kids and both family of informant and applicant
assaulted each other. Nothing is to be seized at the instance of
applicant. Therefore, there is no need of custodial interrogations of the
applicants. It is contention of applicant that, applicant is ready to
co-operate with police. He is permanent resident of Mumbai. Applicant
is ready to abide any terms and conditions by imposing this Court.
Therefore, custodial interrogations of applicant is not necessary. Hence,
they prayed for grant of bail.
3.

Ld. APP and investigating officer opposed application. It is
their contention that nature of offence is serious. Applicant in collusion
with other accused assaulted by knife to informant. If applicant is
released on bail there is possibility of tempering of evidence of
prosecution and also absconding. Hence, prayed for rejection of
application.
4.

In view of submissions from both sides and as per
allegation in FIR, It is alleged by the informant that on 13.04.2024 at
about 3.45 pm afternoon, the relative of informant namely Abbas and
Mahak daughter of applicant were playing and suddenly dispute arose
between them. At that time applicant and informant’s son intervene the
matter. Thereafter some time informant’s son was sitting outside the
house. At that time quarrel took between applicant and informant’s son.
Informant heard quarrel and came there. He saw, applicant caught hold
his son and applicant and Mustak abused him and assaulted by fist
blow. Informant gone there for help of his son, at that time applicant
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assaulted by knife on informant’s son stomach. Thereafter, informant
admitted his son in Shatabdi hospital for treatment. From the
allegations in FIR it is clear that there was no previous dispute between
injured and applicant. Alleged incident occurred suddenly. No
premeditation appears in the incident. The alleged weapon is seized by
police during investigation. Informant/injured is out of danger and
discharged from Hospital. In such circumstance nothing is to be seized
at the instance of applicant. Prima facie there is no record about
sustained injury to informant which is likely to cause death. Hence, in
such circumstances, I am of the opinion that, further detention of
applicant is not required. Therefore, I pass following order :ORDER
1.

Criminal Bail Application No. 1131 of 2024 is allowed.

2.

Applicant/accused Intezar Ahmad Abdul Latif Malik be released
on bail on furnishing P.R. Bond of Rs.25,000/- along with one or
two more sureties in the like amount in connection with C.R.
No.317/2024 registered with Shivaji Nagar police station.

3.

Applicant/accused shall attend Shivaji Nagar Police Station,
Mumbai, as and when required by Investigating Officer on notice.

4.

Applicant/accused shall furnish his residential address proof and
contact numbers to Investigating Officer.

5.

Applicant/accused shall not directly or indirectly, make any
inducement, threat or promise to any person acquainted with the
facts of the case so as to dissuade him from disclosing such facts
to the Court or to any Police Officer.

6.

Applicant/accused shall not leave India without previous
permission of the Court.

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7.

Bail before learned Court below.

8.

Criminal Bail Application No.1131 of 2024 stands disposed of
accordingly.

Date : 02.05.2024
Directly dictated on computer on
HHJ signed on
Digitally
signed by
AJAY ANIL
KULKARNI
Date:
2024.05.03
17:03:50
+0530
(A. A. Kulkarni)
Additional Sessions Judge,
Sessions Court,
Gr. Bombay (C.R.No.22)
: 02.05.2024
: 03.05.2024
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
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Date of Pronouncement
JUDGMENT /ORDER
HHJ SHRI. A. A. KULKARNI (CR 22)
of
02.05.2024
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